
ooo 



2bHB2 7 










•. ^» : 



:.' <?%. •: 







































1 



r oV 



•- ^ « •' 















r *♦ . -wm; .^ v -.«r.- *^ 



.'".•Safe* f *M&\> */<S 






,* .-, ^ •■* «\* ... * '* 



I: V** r*^\ X/ /<** * 



<* ** 



^ 




























.% 



v*. 



.* HSif. % 










mmm 






i»«g 



sBDe-n 



!/// ' J 'aarH^''Ti»^«w , F w«f "TV ' 



HISTORY OF MARYLAND 

Upon the Basis of M'Sherry, 

From its Settlement, to 1867, 

With Illustrations, 

And an Appendix Containing the Constitution of the State, 

For the Use of Schools. 

By HENRY ONDERDONK, A.M. 

Head Master of College of St. James, and Late President of the 
Maryland Agricultural College. 

Second Revised i^MPjJ«^Ej| Enlarged Edition. 



teEH 



BALTIMORE: 

Published by John Murphy & Co. 

Publishers, Booksellers axd Printers, 
182 Baltimore Street. 

1872. 




^^JL. 

Entered according to Act of Congf^fe, iV£e year 1870, by 
JOHN MURP^rA 
in the Office of the Librarian of ConjJ&s, kj&ashington. 



9o- /ZoJ£% 




JUL 2 






Jotin MoRrar & Co. 

Printers and Publisher^, 

Baltimore. 



PREFACE. 

The first edition of this History having met with such faror 
from the public that a second edition is demanded, opportunity 
has been given to correct some typographical errors, and to adapt 
it more thoroughly to the uses of the class-room. A portion has 
been entirely re-written. That which relates to the period of the 
civil war has been made quite full. The facts have been obtained 
as far as possible from official sources, or from parties personally 
connected with the events narrated. In other instances, they are 
drawn from sources regarded as authorities, at least by those who 
were in sympathy with the power controlling at that time. 

The History of the Proprietary government, under which Mary- 
land was established and grew, is also full, for it is in that govern- 
ment that we find the germs of those principles of popular liberty 
that resulted in the Revolution ; and it is in the free institutions 
founded under it that we recognize the school in which our 
fathers learned both the true objects of government, and their 
own rights as individuals. 

There is perhaps no stimulus to worthy deeds, or at least to the 
preservation of self-respect, equal to that which is furnished in the 
legacy of a good name. That our youth should know how rich 
the History of Maryland is in all that can inspire noble emula- 
tion, is not only desirable in itself, but is the surest pledge that 
they will be animated to deeds worthy of their .sires, and that, by 
"imitating the virtue, the valor, and the liberality of their fore- 
fathers," they will hand down the State to posterity with un- 
tarnished lustre. 

In the former editions, the hope was expressed that this little 
book might be instrumental in promoting this knowledge among 
the rising generation of the State. The adoption of the book as 
a text-book by the Public Schools of the City of Baltimore, and 
the subsequent adoption by the State Board of Education, and 
their recommendation of its use by all the Schools of the State, 
both justii'y the hope expressed, and give assurance that this 
history supplies a want so long felt. 

With a view of meeting the requirements of the School Law of 
1872, the Constitution of the State has been added in an Appendix. 

Couboe or St. James, HENRY ONDERDOKK. 

September, 1872. 



CONTENTS, 



PART I. 

CHAPTER I.— Introductory. 

Motives for coming to this Country — Religion thought to he 
a part of Government — Intolerance, the Spirit of the Age 
— Maryland an Exception— Why Colonists left England — 
Different kinds of Colonial Governments 13 

CHAPTER II.— Lord Baltimore. 

The Founder of Maryland — Early Schemes — Newfoundland 
— Sails for Virginia — Chesapeake Bay — Return to Eng- 
land — Death — Cecil Calvert — Opposition of Virginia 
Colony — Claiborne 17 

CHAPTER III.— The Charter. 

Powers granted by the Charter — Land and Churches — 
" Hitherto Uncultivated " Lands — Application of the 
Term — Claiborne— Swedes and Dutch — Boundary Lines 
by Charter 21 

CHAPTER IV. — Early Settlement op Maryland. 

Preparations — Leonard Calvert — Embarkation — The "Ark" 
and the "Dove," and the "Mayflower" — Arrival — Land- 
ing — Exploration — Interview with Indians — Treaty with 
them — Advantages enjoyed by other Colonies — The Strik- 
ing Features of this Colony 24 

CHAPTER V.— Claiborne's Rebellion. 

Claiborne, the Evil Genius of the Colony — His Claim — Ex- 
cites the Indians — Resorts to Violence — Flees to Virginia 
— Sent to England — First Legislative Assembly — Divi- 
sion of Land 32 

CHAPTER VI.— The Second General Assembly. 

Missionaries — Kent Island — New Hundred — New Code of 
Laws — Trial of Smith — Claiborne's Efforts in England — 
Returns to Virginia — Conversion and Baptism of the Tay ac 
— Father White — Privileges of the Governor Extended..36 

1* 



6 History op Maryland. 

CHAPTER VII. — Claiborne and Ingle's Rebellion. 

Death of Calvert — Troubles in England — Insubordination of 
Claiborne — Calvert visits England — Indian Troubles — 
Ingle — Gov. Brent— Calvert's Return — Endeavors to obtain 
Possession of Kent Island — Calvert compelled to Flee — 
Conduct of the Insurgents — Success of Parliamentary 
Party — Calvert regains Possession — Death of Calvert. ...42 

CHAPTER VIII.— Liberty op Conscience. 

New Guards to Liberty of Conscience — Oath of Office — Acts 
of Assembly — Protection of Feelings — Who formed the 
Assembly 47 

CHAPTER IX.— Puritan Settlements. 

The Liberal Policy attracts Settlers — Richard Bennett and 
his Puritans — Chivalric Conduct of Marylanders — Influ- 
ence of Puritans — Reduction of Virginia — Claiborne and 
Bennett's Descent upon Maryland — The Proprietaryship 
Abolished — Indian Troubles — Claiborne and Bennett's In- 
vasion — Puritan Intolerance 50 

CHAPTER X. — Restoration op the Proprietary. 

Rebuke to Gov. Stone — Recovery of Records — Unsuccessful 
Expedition to Providence — Barbarity of Puritans— Appeal 
to Cromwell — Decision of the Board of Trade — Bennett 
makes Terms — Fendall — The last of Claiborne 54 

CHAPTER XL— Peace and Prosperity. 

Calm — Charles Calvert — Increase of Population — Planters — ; 
Maryland Domestic Life — Slavery — Servants — Quakers — 
Fox — Land of the Sanctuary — Death of Proprietary — 
Fendall's Attempt at Rebellion — End of the Period of 
Repose 58 

CHAPTER XII.— State of Society, to 1689. 

Friendship of the Natives — Kind of Government — Trade — 
Coin — Luxuries — Fruit — The Baltimore Bird — Tobacco — 
Travelling 62 

CHAPTER XIIL— Revolution op 1689. 

James II, Banished — William and Mary — Delay of Instruc- 
tions— Protestant Association — John Coode — First Royal 
Governor — Acts of Assembly — Lord Baltimore appeals to 
the Kiug — Removal of the Capital — Second Royal Gov- 
ernor — Improvements — Sickness — Effect of the Royal 
Administrations 64 



Contents. 7 

CHAPTER XIV.— The Restoration op the Province. 

Death of Charles, Lord Baltimore — Province restored to his 
Son — Undisturbed Tranquility — Policy towards Indians — 
Establishment of Baltimore — Fell's Point — Commercial 
Advantages — Elk Ridge Landing — Annapolis — Maryland 
Gazette — Frederick — Georgetown — Death of Proprietary — 
State of the Colony G9 

CHAPTER XV.— Boundary Dispotes. 

Watkins' Point— Dispute with Penn — Penn's Grant — Penn 
Attacks the Charter — Baltimore out of Favor at Court — 
The King is patron to Penn — His Expulsion — Settlement 
Postponed — Mason and Dixon's Line — Shrewdness of 
Penn — Virginia Boundary 74 

CHAPTER XVI. — Frederick, last lord op Baltimore. 

English and French War — Claims of each — Bold design of the 
Governor of Canada — Maryland Stands Aloof — Opposition 
to Arbitrary Demands — Dinwiddie's Perplexities — Mary- 
land takes a part — Fort Cumberland — Acts of Assembly.78 

CHAPTER XVII.— Braddock's Defeat. 

Braddock's Arrival — Council at Alexandria — Braddock at 
Frederick — Arrival of Franklin — Franklin's Suggestion— 
Braddock's Confidence — Franklin's Proposition — March 
over the Mountains — Baggage — Mutual Disgust — Brad- 
dock rejects the Indians and backwoodsmen — Slow Move- 
ments — The Contest — the Defeat 81 

CHAPTER XVIII.— French and Indian War. 

Terror and Desolation — Plantations laid Waste — Panic — 
Expedition against Fort DuQuesne — Grant's Bravado and 
Defeat — Gallantry of Marylanders — Abandonment of the 
Fort by the French 88 

CHAPTER XIX.— The Days before the Revolution. 

The Democratic and the Aristocratic Elements — Claims of 
the two Houses — Peace — Debt — Condition of Maryland — 
Influence of French War — The old Controversy Revived — 
Preparatory Steps to the Stamp Act 94 

CHAPTER XX.— Stamp Act. 

Stamp Act Imposed— Maryland Assembly Prorogued— No 
Stamps in Maryland — Protest of Assembly — Treatment 
of Hood — Acts of Assembly — Frederick County Court — 
"Sons of Liberty" — Repeal of Stamp Act 97 



8 III story op Maryland. 

CHAPTER XXL— The Duty on Tea. 

Tax on Tea, <fcc. — Massachusetts Circular — Non-Importa- 
tion — The "Good Intent" — Alarm of British Ministry — 
Defection of other Colonies 100 

CHAPTER XXII.— The Proclamation and Vestry Act. 

Pay of Public Officers — Tithes — Expiration of the Law — 
Proclamation— Party Spirit— Dulany and Carroll.... ...103 

CHAPTER XXIIL— Charles Carroll op Carrollton. 

Birth and Education — Return to Maryland — First Entrance 
into Public Life — "First Citizen" — Dulany — Triumph of 
Carroll 106 

CHAPTER XXIV.— Revival op Tax on Tea. - 

Tax, the Badge of Servitude — The Right to Tax. not the 
Amount, the matter of Dispute — Aid to Boston — Burning 
of the Tea at Annapolis — Characteristics of the Act 109 

CHAPTER XXV The Last Proprietary. 

First Continental Congress — Attachment of Maryland to the 
Family of Baltimore — Extinction of the Family — Henry 
Harford — Condition of the Colony 114 

; «* 

PART II. 

CHAPTER I.— The Revolution. 

Convention — Power of Public Sentiment — Resolution of 
Maryland to stand by Massachusetts — New York and 
Maryland — Washington, Commander-in-Chief — Forma- 
tion of Maryland Line — Riflemen — Want of Supplies... 119 

CHAPTER II.— Lord Dunmore. 

Plans of Lord Dunmore — Attempt to Inflict a Servile War — 
Discovery of his Plans — Aid to Eastern Shore of Virginia 
— Batteries erected near Baltimore — "The Otter" — "The 
Defence" — State Navy — Gov. Eden — Civil Authority and 
Military Power — Eden sent to England — Militia sent to 
the Coast — Flying Camp 124 

CHAPTER III.— Declaration op Independence. 

Vain Hopes of Settlement— Rebels or Freemen — Order issued 
by the Convention of Maryland — Declaration of Indepen- 
dence — Charles Carroll ofCarrollton — State Government 
—Disposition of Troops 129 



Contents. 9 

CHAPTER IV.— The Maryland Troops at the Battle 
op Long Island. 

Condition of the American Army — Landing of the British — 
The Macaronis — The Battle — Terrible Charge of the Mary- 
landers — Loss of Marylanders 131 

CHAPTER V.— Maryland Troops in the Retreat. 

Maryland Troops in the Advance Posts — Crossing the Ferry 
— Attempt to surround Americans — Disgraceful Retreat of 
the Connecticut Militia — Maryland Line covers the Re- 
treat — Battle at Harlem — Battle at White Plains — Attack 
on Fort Washington — Destruction of the Enemy's Troops 
by the Maryland and Virginia Rifles 137 

CHAPTER VI.— The New Constitution and State 
Government. 

Convention — Division of Frederick County — Supplies for the 
Army — Constitution Agreed to — Division of the Govern- 
ment — Qualifications for Voters — First State Legislature — 
Inducements to Enlist — The First Governor — Inaugura- 
tion 141 

CHAPTER VII.— Campaign of 1777. 

Increase and Division of Maryland Line — Battle of the 
Brandy wine — Deborre — Battle of German town — Success 
of the Marylanders — John Eager Howard — Marylanders 
not Supported — Howe's Attack 145 

CHAPTER VIII. 

More Troops Demanded — Disaffection — British Evacuate 
Philadelphia — Battle of Monmouth— Gen'l Lee — Wash- 
ington's Reliance on Maryland Officers — Landiug and 
Retreat of British Troops 149 

CHAPTER IX. 

Maryland's Quota large and always Full— Early Harvests 
— Arrival of French Fleet — Paper Money — Pensions to 
Troops — Depreciation of Currency — Confiscation — Tax — 
The Price of Liberty .153 

CHAPTER X.— The Confederation. 

Delay of Confederation — Difficulty of Adjusting Public 
Lands — Clause Secured by Virginia — Maryland Objects 
— Compromise proposed by New York — Sovereign States 
—Maryland's Efforts in the Common Cause 156 



10 History op Maryland. 

CHAPTER XI.-The Maryland Line South. 

Maryland Line sent to Reinforce Southern Departments— 

Passage through Maryland-Gates' Folly-Route marked 

by DeKalb- Changed by Gates-Battle at Camden- 

Dreadful Charge of the Marylanders— The whole British 

Militia 8 against tbe Mai 7 lan <* Line -Virginia 
159 

CHAPTER XII.-The Battle of Cowpexs. 
Recruiting— Consolidation of the Line— Col. Williams— Gen 
Morgan Retreats before Tarle ton— Makes a Stand— Mary- 
landers sustain the Battle— Victory 105 

CHAPTER XIII.— Battle at Guilford Court House. 
Greene's Retreat- Williams covers the Retreat- Battle - 
Cornwallis Desperate Resort — George Fox's Remark- 
Americans gam Possession of Strongholds-Unsuccessful 
Attack on Ninety-Six 17 J 

CHAPTER XIV.— Battle of Eutaw Springs. 
Disposition of the Troops-Maryland Line charges the Buffs 
-Desperate Struggle-Marylanders Complimented on the 
Field -State Threatened with Invasion — LaFayette in 
Baltimore-Defence of the Bay- Washington's Design- 
Washington at Annapolis „ _...f.l73 

CHAPTER XV.— The Close of the Revolution. 
New Paper Issues-Tory Conspiracy-Plot Exposed-Exe- 
S! !V fLeader |~ S ^cess or Failure- Commissioners 
from England-Spirited Resolution of Maryland Legis- 
lature— Close of the War ' „ 179 

CHAPTER XVI.-The Maryland Line. 
Their Suffer in as— The First to use the Bayonet— Their Bit 
ties— Their Losses \ ^Z 

CHAPTER XVII.-Seat of Government. 

Annapolis Offered - Action of Congress- Washington De- 

termines to Resign- Reception at Annapolis- Resiff 

nation r ,fl 

1^4 

CHAPTER XVIII. 

Debt — Public Improvements— Susquehanna Canal — Poto 
mac Company— Population of Baltimore— Colleges— Con 
stitution of the United States Adopted . . 137 



Contents. 11 

CHAPTER XIX.-The Federal Constitution. 
Needs of the Country - Convention Proposed - Disputes - 
lne Constitution a Compromise—Capital— District ; of Col- 
umbia-Property Qualifications for Voting Removed-The 
Ballot substituted for Viva-voce ? ....... 190 

CHAPTER XX. 

^"J °L W £ r -\ Tw ? Parties -The Position of New 
England -Of Maryland -Riot in Baltimore- Hartford 

CHAPTER XXI. 

Battle of Bladensburg 201 

CHAPTER XXII. 
Battle op North Point 208 

CHAPTER XXIII. 

Bombardment op Fort McHenry 212 

CHAPTER XXIV— Reform. 

Internal Improvements- Chesapeake and Ohio Canal- 
Rail Road -Bait, more and Ohio Rail Road -Other Rail 
Roads-Colonization Society-Pecuniary Crisis-Mexican 

War 215 

CHAPTER XXV. 

Bodndarv Lines, and Baltimore and Ohio Rail Road....221 
CHAPTER XXVI.-Character op the P £RI0D . 

Election of Lincoln -Southern Views of Government - 
Northern Views -The Sympathies of Maryland -Its 
Geographical Position -Not Prepared to Secede-Slave 
Property — Excitement— Riot in Baltimore ...226 

CHAPTER XXVII.-Meeting op Legislature.'" 
Governor's Message-Address to the People-Military De- 
partments-Scott's Campaign against Baltimore-Butler's 
Occupation of Baltimore-Non-resistance of Baltimore- 
Habeas Corpus— Case of John Merryman 236 

CHAPTER XXVIII.-Legislative Proceedings. ' 
Arrest of Winans-The Report on Federal Relations-Reso- 

^^^rr::: denlal of the right of se - te " 

246 



12 History op Maryland. 

CHAPTER XXIX.— Proyost Marshal. 

Arrest of Kane — Arrest of Police Commissioners — Habeas 
Corpus — Military Occupation of Baltimore — Action of 
Legislature 251 

CHAPTER XXX. — Arrest op the Legislature. 

Elections — General Dix — Candidates — Success of the Union 
Candidate — Oppression — Case of Judge Carmichael — In- 
vasion of Southern Army — Conduct of Troops — Orders of 
Lee — South Mountain and Antietam — Gen'l Wool 255 

CHAPTER XXXI.— Military Departments. 

Gen'l Schenck — His vigorous Rule — Col. Fish — Arbitrary 
Arrests — Imprisonment of Col. Fish — Invasion of Lee — 
Alarm in Baltimore — Martial Law — Battle of Gettysburg 
— Seventh Regiment — General Schenck's Fourth of July 
order — Enrolment of Negroes 263 

CHAPTER XXXIL— Division op Union Party-. 

Election — Extraordinary orders issued at Chestertown — Gov. 
Bradford's Proclamation — Military Suppression of the 
Proclamation and control of the Polls — Gov. Bradford's 
Comment 270 

CHAPTER XXXIII.— Constitutional Convention. 

Gen'l Wallace — Questions to Candidates and Voters — Para- 
mount Allegiance — Abolition of Slavery — The Constitu- 
tion made Operative before its Adoption — Difference of 
Opinion between the Executive and Judicial Branches — 
Soldier's Vote — Inquisition of Voters — Investigation of the 
Vote 275 

CHAPTER XXXIV.— Confederates again in Maryland. 

Defeat of Wallace — Approach of Raiders to Washington — 
Excitement and Alarm at Washington — Timely Arrival 
of Troops— Gen'l Ord— Freedman's Rest 281 

CHAPTER XXXV.— Conclusion op the War. 

Gov. Swann's Instructions — Difficulties with Police Commis- 
sioners — The New Legislature — Election of Senator — He 
Declines — His Substitute refused his Seat — New Constitu- 
tion—Election of Gov. Bowie 284 

Appendix. — The Constitution of Maryland 289 



History of Maryland. 

Part I. 



CHAPTER I. 
INTRODUCTORY. 



Motives for coming to this Country — Religion thought to 
be a part of the business of Government — Intolerance, 
the Spirit of the Age — Maryland an exception — Why 
Colonists left England — Different kinds of Colonial 
Governments. 

1. The general history of the discovery and set- 
tlement of North America is presumed to be so 
familiar to the students of this History, as not to 
require any recapitulation here. 

2. Many motives induced the people of the Old 
World, as Europe was called, after the discovery of 
America, to come to this country. Some came to 
seek for gold ; some, for adventure and the im- 
provement of their worldly affairs ; and some, to 
seek an asylum where they could worship God ac- 
cording to the dictates of their own consciences, 



Questions.— 2. What were some of the motives that led emigrants 
to come to this country? 

2 13 



14 History op Maryland. 

without disobeying the laws of the land, or coming 
in conflict with those in power. 

3. In that age, it was thought a part of the 
business of the government to legislate about reli- 
gious matters. No one, then, objected to the prin- 
ciple that the government had this right. They 
objected to the right being enforced against them- 
selves. We see this from the history of the Puri- 
tans, who, however they resisted, or fled from, laws 
against the exercise of their own religion, did not 
hesitate to pass very severe enactments against 
those who conscientiously differed from themselves. 

4. The case is very different now. None but 
the most misguided partizans claim that " govern- 
ment is based upon the religious ideas of those who 
carry it on, and, that they have the right to con- 
trol the religion." But at the time of the settle- 
ment of the colonies, it was thought "that in a 
well governed and Christian community, matters 
concerning religion and the honor of God, ought, 
in the first place, to be taken into earnest con- 
sideration and endeavored to be settled ;" in other 
words, that the law should determine each man's 
belief. 

5. We are not, then, to blame any particular 
body of Christians for its intolerant spirit, for it 
was exercised by all denominations alike, — if we 

Questions. — 3. What was thought to bo a part of the business of 
the government? What is said of the Puritans ? 4. What is the 
case now? What was thought at the time of the settlement of 
the colonies? 5. Are we to blame amy particular body of Chris- 
tians for intolerance? Why ? 



Non-Conformists. 15 

exclude the Quakers, or Friends. It was the 
spirit of the age. 

6. The toleration, and freedom of conscience 
that characterized the Colony of Maryland, have 
placed it in advance of its age, and made its his- 
tory the proudest of that of any of the colonies. 
For here, in the language of Bancroft, " religious 
liberty obtained a home, its only home in the wide 
world. Every other country in the world had per- 
secuting laws ; but through the benign administra- 
tion of the government of Maryland, no person 
professing to believe in Jesus Christ was permitted 
to be molested on account of religion." 

T. In England the laws bore very hard on all 
who did not conform to the established religion. 
These Non-Conformists consisted chiefly of the 
Puritans and the Roman Catholics. The Puri- 
tans left the country in great numbers, and settled 
chiefly in New England. A colony under a Ro- 
man Catholic proprietary, and governor, and con- 
sisting mostly of Roman Catholic gentlemen, came 
to Maryland. 

8. North America having been discovered by 
English subjects, belonged by right of discovery 
to the crown. Hence, when colonies were formed 
to settle any part of the newly acquired territory, 

Qncations.— Q. What characterized the Colony of Maryland? 
What does Bancroft say? Who could not be molested ? 7. What 
is said of the laws in England? Who were the Non-Conformist* ? 
What of the Puritans ? Who formed the Maryland colony ? 8. Who 
gave the colonies their laud, and by what right? 



16 History op Maryland. 

the crown gave tliem tracts of land, together with 
rights and privileges, at the same time imposing 
certain conditions which the colonists were to 
fulfil. 

9. The deed or document by which all this was 
done was called the Grant or Charter. These 
charters were given by the King to individuals, to 
companies, or to the colonists themselves. Hence 
there arose among the colonists three kinds of gov- 
ernments, viz : The 'proprietary government, the 
charter government, and the royal government. 

10. The Poyal governments were under the im- 
mediate rule of the crown. The charter govern- 
ments were those in which the administration of 
their affairs was in their own hands. The proprie- 
tary governments were those in which the charter 
granting territory, conferred upon the person or 
persons to whom it was made, the right of govern- 
ing the people who settled within the limits of 
their charter. 

11. The charter of Maryland exhibits to us the 
form of a proprietary government. The proprie- 
tary was not a company, but a single person, and 
at his death his heir succeeded to his rights and 
privileges. 



Questions.— 9. "What is meant by the Charter? To whom were 
they given ? 10. What were the royal governments? What, the 
charter? What, the proprietary? 11. What kind of government 
had Maryland ? 



Lord Baltimore. 



17 



CHAPTER II. 



Lord Baltimore — The Founder of Maryland — Early 
Schemes — Newfoundland — Sails for Virginia — Chesa- 
peake Bay — Return to England — Death — Cecil Calvert 
— Opposition of Virginia Colony — Claiborne. 

1. The founder 
of Maryland, Sir 
George Calvert, 
afterwards Lord 
Baltimore, was an 
English gentleman 
of finished educa- 
tion. He was one 
of the principal 
Secretaries of 
State, and was sub- 
sequently a mem- 
ber of the House of 
George Calyert. Commons. He al- 
ways maintained the rights of the king, and pro- 
tected his interests. The king did not fail to prove 
his grateful recollection of Calvert's loyalty. 

2. Sir George had early engaged in the schemes 
of colonization of that period, and very important 
trusts had been committed to him. His devotion 




Questions.— I. The founder of Maryland ? Who was Lord Balti- 
more ? What is said of him ? 2. Why did he resign his office ? 



2* 



18 History of Maryland. 

to the duties of his office earned for him the esteem 
and confidence of the king. But in 1624, he 
resigned, either because his oath of office was in- 
compatible with his religious belief as a Roman, 
Catholic, or lest it might become his duty as Sec- 
retary, to execute the penal laws against the mem- 
bers of that church. 

3. As was mentioned in the previous chapter, 
the spirit of intolerance pervaded England, in fact, 
the whole world. Although Sir George felt as- 
sured of the protection of the king, he determined 
to seek another land, and to found a new state, 
where, what hitherto was unknown, conscience 
should be free, and every man might worship God 
according to his heart, in peace and perfect se- 
curity. 

4. At first, he fixed his eyes on Newfoundland, 
in the settlement of which he had before been 
interested. But finding the climate and soil un- 
suitable, he determined to seek a more genial coun- 
try in the south. Accordingly, in 1628, he sailed 
to Virginia, with the intention of settling within 
the limits of that colony, or, more probably, to 
explore the uninhabited country on its border, in 
order to secure a grant of it from the king. 

5. Being unwilling to subscribe to the oath of 
allegiance that was tendered him by the colony, 

Questions.— 3. What did he determine to do? 4. Where did he 
first think of settling? Why did he abandon that intention? 
When did he set sail and for what place ? What was his design ? 
5. Why did he leave Virginia ? 



Lord Baltimore. 19 

he left their borders and explored the Chesapeuke 
above the settlements. 

6. He was pleased with the beautiful and well- 
wooded country, which surrounded the noble inlets 
and indentations of the great bay, and determined 
there to found his colony. He felt satisfied that 
he had selected a territory possessing all the ele- 
ments of future prosperity, fertile in soil, traversed 
by majestic rivers, and enjoying a climate unsur- 
passed elsewhere upon the continent. 

7. Lord Baltimore returned to England, it is 
supposed, in 1629. In 1632, without any diffi- 
culty, he procured from his Majesty, Charles I, son 
of his former patron, the promise of a grant. The 
patent was prepared by Lord Baltimore himself, 
but before it was executed, he died, on April 15th 
1632. 

8. His eldest son, Cecil, having inherited his 
father's title and estate, received from the king the 
Charter promised to the father. The date of the 
Charter is the 20th of June, in the eighth year of 
the reign of Charles I, or 1632. The country 
granted by this charter was named Maryland, in' 
honor of Queen Henrietta Maria, instead of Cres- 
centia, which was to have been the original name 



Questions.— ft. Where did he determine to found his colony? 

7. When did he return to England? When, and from whom did 
lie obtain his charter? Who prepared it? When did he die? 

8. Who received the charter? What was its date? What was the 
country called? 



20 History of Maryland. 

9. The Virginia colony opposed the scheme of 
Lord Baltimore, claiming that the grant trans- 
ferred to others, territory belonging to it. Wil- 
liam Claiborne had, under virtue of powers granted 
him by the Virginia colony, established a trading 
post on Kent Island, a part of the Maryland grant. 

10. But as the charters of Virginia had been 
dissolved, the king and his ministers considered 
that the right was vested in the crown, of re-grant- 
ing such parts of the territory of Virginia formerly 
included within the lines of these charters, as had 
not before been given to particular individuals. 
As will be seen, this was a source of future trouble 
in the colony of Maryland. 

Questions. — 0. Who opposed the scheme of Baltimore? Why? 
10. How did the king and his ministers regard this claim t 



The Charter. 



21 



CHAPTER III. 



The Chatiter — rowers granted by the Charier — Land 
and Churches — "Hitherto uncultivated " lands — Appli- 
cation of the term — Claiborne — Swedes and Dutch — 
Boundary lines by the Charter. 

1. By this charter, 
Cecil, now Lord Bal- 
timore, and his heirs, 
were created absolute 
Proprietaries of Mary- 
land. The Proprie- 
tary had full, free and 
absolute power to 
enact laws, with the 
advice, assent, and ap- 
probation of the free- 
men of the Province. 
But another clause of 
the charter seems to 
Cecil Calvert. grant this power to the 

Proprietary without the necessity of calling the 
Assembly, "provided these ordinances be conso- 
nant to reason, and be not repugnant nor contrary, 
but (so far as may be conveniently done) agreeable 
to the laws, statutes or rights of the kingdom of 
England," and further these ordinances must not 

Questions.- l. What were the powers of the proprietary? What 
is said of another clause in the charter? 




22 History of Maryland. 

interfere with the persons or property of any one. 
This afterwards led to some disagreement between 
the Proprietary and the Assembly. 

2. The Proprietary had full power to grant to 
his colonists such tracts of land as they might pur- 
chase. He was also granted the " license and 
faculty of erecting and founding churches, chapels 
and places of worship in convenient and suitable 
places, and of causing the same to be dedicated 
according to the laws of our kingdom of England." 

3. In the second section of the charter, — in that 
part which is technically called the recital — it is 
said that Calvert " being animated with a lauda- 
ble and pious zeal for extending the Christian 
religion, and the territories of our empire, be- 
sought leave to transport a numerous colony ol 
the English nation, to a certain region afterwards 
to be described, in a country hitherto unculti- 
vated and partly occupied by savages." 

4. The oppouents to this charter claimed that 
these words hitherto uncultivated rendered the 
grant void, because, within the limits marked out 
by the charter, there were already settlements, 
namely, one on Kent Island, established by Wil- 
liam Claiborne, and one by the Swedes and Dutch. 

5. Whether there is any validity in these objec- 
tions or not, there is some doubt whether these 

Questions.— 2. What is said of granting lands? Of building 
churches? 3. What is said in the second section of the charter? 
4. What did the opponents to the charter claim ? 6. What is said 
of this objection? 



The Charter. 23 

settlements existed at the time Lord Baltimore 
visited the Chesapeake, and there can be none 
that he was perfectly honest in describing the 
country as " hitherto uncultivated. M It seems 
that these words in the recital, or preamble to 
the charter itself, were very general iu their appli* 
cation, and, in this sense, the region marked out 
by the charter, was uncultivated. The trading 
station on Kent Island could, with no show of 
reason, be claimed as rendering a country culti- 
vated. 

6. The Dutch settlements were afterwards in- 
cluded in the colony of Delaware, and gave no 
trouble. They were, however, made the plea 
upon which William Penn deprived the Mary- 
land colony of a large and fertile territory. But 
Claiborne, basing his claim upoti the words, 
hitherto uncultivated, asserted his independence 
of Calvert's grant. 

7. The territories described by the charter, ex- 
tended from Watkins's Point, opposite the mouth 
of the Potomac river, northward to the fortieth 
degree of north latitude, and from the Atlantic 
ocean and Delaware bay on the East, to the Poto- 
mac river on the West. By examining a map it 
will be seen that this included a part of what is 
now Pennsylvania and the whole of Delaware. 

Questions.— 6. What of Kent Island? 8. What, of the Dutch set- 
tlements? Of Claiborne? 7. What were the boundaries of the 
province, by the charter ? 



24 History of Maryland. 



CHAPTER IV. 

Early Skttlkment of Maryland — Preparations — 
Leonard Calvert — Embarkation — The *' Ark " and 
"Dove" and the "Mayflower''' — Arrival — Landing — 
Explorations — Interview with Indians — Treaty with 
them — Treatment of them — Advantages enjoyed by other 
colonies — The striking features of this colony. 

1. As soon as 
the grant was ob- 
tained, Cecil Cal- 
vert commenced 
his preparations for 
the establisment of 
a colony. It was 
originally his inten- 
tion to accompany 
it, but deeming that 
the interest of the 
enterprise demand- 
ed his remaining in 

England, he con- 
Leonard Calvert. n i ■, i. 

tided his colony to 

his brother, Leonard Calvert, whom he constituted 
lieutenant general, or governor. 

2. The colony was soon prepared for embarka- 
tion, and on the 22d of November, 1633, it de- 




QiiefiUons.— 1. Did Cecil Calvert accompany his colony? Whom 
did he send ? 2. Date and place of embarkation? 



Leonard Calvert. 25 

parted from the Isle of Wight. The company 
consisted of about two hundred persons, who em- 
barked in two vessels, The Ark, and The Dove. 

3. These names are not so familiar to the people 
of the country, or even of Maryland, as those of 
the Mayflower and Speedwell. Most of our 
school histories having emanated from that part 
of the country settled by the emigrants of these 
vessels, perhaps an undue prominence is given to 
the Pilgrims of Plymouth Rock over those of St. 
Mary's. Whatever can be claimed for the Puritan 
colony, as commanding our admiration, the Mary- 
land colony can claim with greater justice. Their 
motive for leaving their homes, their friends and 
relatives, was not only the selfish one of enjoying 
their own freedom of conscience, it was that and 
something more ; it was to open an asylum, where 
others could enjoy the privileges they claimed for 
themselves. 

4. Though they have had neither poet nor 
painter to celebrate from sea to sea their heroic 
motive, their pious devotion of themselves to the 
care of Him who rules the raging of the sea, their 
no less pious thanksgiving on their landing, theirs 
was none the less a mighty undertaking, standing 
out in history as an era iu the progress of man- 
kind. 



Questions.-2. Names of the vessels ? a What is said of these 
names? How does their departure compare with that of the 
Mayflower and Speedwell ? 4. What further is said ? 

3 



26 History op Maryland. 

5. After many difficulties and some dangers, 
these two vessels, though separated by storms on 
the ocean,, arrived safely off Point Comfort, in Vir- 
ginia, on the 24th of February, 1634. Having 
remained in Virginia a few days, they set sail for 
the banks of the Potomac, where they found mighty 
forests, a soil rich and fertile ; the air sweet and 
balmy ; and they returned thanks to God for the 
beautiful land which he had given them — for this 
was Maryland. 

6. Although they beheld groups of armed sav- 
ages prepared to prevent their landing, and making 
other demonstrations of hostility, they succeeded in 
establishing confidence in the breasts of the natives. 
Having satisfied them of their peaceful intentions, 
they, at length, purchased from them the territory 
they required. Maryland was almost the only 
State whose early settlement was not stained with 
the blood of the natives 

7. They landed on the 25th of March on an 
island, to which they gave the name of St. Cle- 
ment's (now Blackiston's.) The colonists took 
solemn possession of Maryland, with religious 
services, conducted according to the usages of 
the Roman Catholic church, and erected a cross 
as an emblem of Christianity and Civilization, 



Questions.— 5. When did they arrive at Point Comfort? What 
further is said? 6. What did they see on the shores? How did 
they obtain the land? 7. When did they land'.' What did they, 
on landing? 



Indians. 27 

both of which they were about to plant on those 
shores. 

8. In order to make further discoveries, Gov- 
ernor Leonard Calvert proceeded further up the 
Potomac, near to the place now called New Marl- 
boro', where there was an Indian village governed 
by Archihu, uncle to the king, or Wero-wance, who 
was still an infant. 

9. When the governor asked the Indian chief 
if he were willing that his people should settle in 
his country, he replied, u I will not bid you go, 
neither will I bid you stay, but you may use your 
own discretion." Using this discretion the gov- 
ernor concluded it was not safe to settle so high 
up the river. He, therefore, returned down the 
Potomac to St. Clement's Island, and thence to a 
small river on the north side of the Potomac, which 
he called St. George. 

10. He explored the St. George about twelve 
miles upwards, and anchored at the village of the 
Yo-a-comico Indians. The Governor explained to 
the chief, or Wero-wance, his object in coming to 
his country. 

11. The Wero-wance, after the custom of the 
Indians, made but little answer to the proposition 
of Governor Calvert ; but, nevertheless, hospitably 



Questiojia.— 8. Where did the governor then go? 9. What did 
the governor ask, and what did the chief reply? What did the 
governor do? 10. What river did he explore? 11. How did the 
chief receive him? 



28 History op Maryland. 

entertained him and his companions, giving up his 
own rude bed for the accommodation of the gov- 
ernor. 

12. Having carefully examined the surrounding 
country, and finding it possessed of many advan- 
tages which rendered it an eligible site, Calvert 
determined to commence, at this place, his first 
settlement. The ship and pinnace which he had 
left at St. Clement's, were ordered to join him at 
Yo-a-comico. 

13. To prepare the way for a peaceable admis- 
sion into the country, he presented the Wero- 
wance and principal men with clothes, axes, hoes 
and knives, in return for which they granted him 
about thirty miles of territory, which he called 
Augusta Caroliua, afterwards the county of St. 
Mary's. 

14. The character of these presents to the Wero- 
wance indicates the desire of the colonists, namely, 
to introduce among the savages the first rudiments, 
as it were, of civilization — the implements of agri- 
culture. 

15. The Indians further agreed to give up to 
the settlers, for their immediate accommodation, 
one-half of their village, and corn grounds which 
they had already commenced to plant, reserving 



Questions.— 12. What did he determine upon? 13. What pres- 
ents did lie make?" 14. What did these presents indicate? 
15. What agreement, did the Indians make? 



Indians. 29 

the other part for their own use, until the harvest 
should be gathered, when the whole of the pur- 
chased territory was to be surrendered to the 
colonists. Upon the 21th day of March, 1634, 
the governor took possession of the place, and 
named the town St. Mary's. 

16. Most of the principal men, if not all, were 
Roman Catholics, and their object in colonizing 
was to enjoy, without molestation, liberty of con- 
science, and to secure religious toleration on the 
American continent. The American historian, 
Bancroft, in speaking of Calvert, says that "he 
deserves to be. ranked among the most wise and 
benevolent lawgivers of all ages. He was the first 
in the history of the Christian world to seek for 
religious security and peace by the practice of jus- 
tice and not by the exercise of power." 

It. While they lived in company with the na- 
tives at St. Mary's, the greatest harmony pre- 
vailed. The natives hunted with the English for 
deer and turkeys, and received from them in return 
knives, beads, and such other trifles as they desired. 
The women and children became domesticated in 
the English families. In the treatment of the sav- 
ages of Maryland, the colony was always governed 
by the most exalted principles of Christianity and 
philanthropy. 

Questions.— 15. When did the governor take possession? What 
did he call the place? 10. What does Bancroft say of Calvert? 
17. Describe the life of the colonists with the natives t 

3* 



30 History op Maryland. 

18. The right of the natives to their own land, 
and other property, was scrupulously respected, 
and earnest and persistent efforts were made to 
teach them religious truth and the arts of civilized 
life. Their lands were not taken from them by 
force and without their consent, but by honorable 
negotiation and purchase. The colonist purchased 
the rights of the aborigines for a consideration 
which gave them satisfaction. They offered no 
reward for Indian scalps, and their history is not 
stained with a King Philip's war. They extended 
to the Indians words and acts of love and mercy. 

19. Fair and beautiful then was the origin of 
the State. No wrong or injustice towards the na- 
tive stained the hands of its founders *, no perse- 
cuting domination or exclusive franchise was reared 
upon its shores, but around the rough-hewn cross 
on the island of St. Clement's, gathered Catholic 
and Protestant, hand in hand, friends and brothers, 
equal in rights and secure alike in the free and full 
enjoyment of either creed. It was a day that 
should make the Maryland heart bound with pride 
arid pleasure. 

20. The descendants of other colonies have not 
only had the happiness of having historians, but 
also of making literature a business and a trade, 



Questions.— 18. What is said of the rights of the natives? What 
did the colonists try to teach them? How were the lands ob- 
tained from them? 19. What is said in this section? 20. What 
happiness have other eolonsts enjoyed? 



Treatment of Indians. 31 

and have supplied the whole country with histories 
of their own making. Hence, at least, in school 
histories of our country one section has appropri- 
ated a very large share, and the other sections 
have been treated of in a very few chapters. To 
such an extent is this true, that these histories of 
the United States are very much like a Chinese 
map of the world, the Celestial Empire occupying 
all but the small corner that is left for the rest of 
mankind. In this way, the claim that Maryland 
has to be regarded as the pioneer of Civil and Re- 
ligious liberty have been made less prominent than 
those of other colonies, who have, almost with the 
consent of her own citizens, snatched from her the 
honor that is justly her own. 

21. The first altar to religious liberty on this 
Continent was erected in Maryland ; and the 
" Freedom of Conscience " that characterized the 
pilgrims of St. Mary's was not, as in other parts 
of the country, snch as stained the annals of its 
history with the whipping of naked women, or the 
boring of the tongue with a red hot iron for being 
a Quaker. 

22. For the first time in the history of the colo- 
nies, the savages were treated with justice and 
mercy in Maryland. Their land was bought from 
them, and their condition was improved. There is 



Questions.— 21. W T here was the first altar to religious liberty 
raised? What kind of freedom of conscience was in Maryland? 
22. What is said in this section? 



32 History of Maryland. 

no national historical painting to perpetuate the 
memory of this treaty of amity and good will, but, 
assuredly, when on this first altar of religious lib- 
erty, the fires ascended to heaven amid the bless- 
ings of the savage, the memory of such a people 
" should not pass away from their descendants as 
an idle dream." 



CHAPTER V. 



1634-1638 — Clatborne's Rebellion — Claiborne, the 
Evil Genius of the Colony — His Claim — Excites the 
Indians — Resorts to Violence — Flees to Virginia — Sent 
to England — First Legislative Assembly — Division of 
Land. 

1. The friendly relations which subsisted be- 
tween the natives and the English were first dis- 
turbed by the improper insinuations circulated by 
Claiborne, called by historians the Evil Genius of 
the colony. 

2. Before the charter had been issued, but prob- 
ably after Lord Baltimore's visit to the Chesapeake, 
Claiborne had established a trading post on Kent 
Island. This he had done in virtue of a license to 
traffic with the natives, and thereupon, claimed a 



Questions.— 1. Wh.it first disturbed the friendly relations of f- 
natives? 2. Where had Claiborne established trading posts? 



Claiborne's Pretensions. 33 

right to the property of the soil, not only of this 
island, but also of another settlement at the mouth 
of the Susquehanna. 

3. He obtained his license to trade from Charles 
I, and afterwards from the Governor of Yirginia. 
He was, therefore, subordinate to that colony, and 
dependent upon it. But when this island was in- 
cluded in the grant to Calvert, he was notified that 
if he remained he would be deemed subject to 
Maryland. He applied to the council of Yirginia 
for instruction how to act. 

4. This colony being opposed to that of Lord 
Baltimore, and not being unwilling to thwart it, 

the council replied they saw no reason why he 
should give up any territory he had held of them. 
Lord Baltimore had ordered his arrest should he 
refuse to submit to his authority. He, however, 
was not taken, and being enraged that Baltimore 
had obtained a grant including the places where 
he had been accustomed to trade, sought every 
means in his power to defeat the success of the 
colony at St. Mary's. 

5. As a means to this end he excited the fears 
and jealousies of the Indians, by persuading them 
that the new comers were not English, but Span- 
iards, the enemies of the English. The simple 



'Questions.— 3. From whom had he received his license? To 
whom was he subordinate ? What did he do when his post was 
included in the Maryland colonies? 4. What did the council re- 
ply ? What had Lord Baltimore ordered ? 5. What did he do ? 



34 History op Maryland. 

natives believed him, and suddenly withdrew from 
St. Mary's. 

6. To meet any hostile attack that they might be 
stimulated to, the settlers postponed the building 
of their own houses and erected a block house, or 
fortification. At the same time, they regulated 

•their conduct towards the savages so as to re- 
awaken the old feelings of confidence and intimacy. 
The natives became convinced of the falsehood 
of the insinuations against the settlers, and again 
resorted to the colony. 

7. Having failed in these efforts to rouse the 
jealousies of the savages, Claiborne resorted to 
more violent measures to support his pretensions. 
These pretensions were based upon the authority of 
Yirginia. But, as has previously been mentioned, 
the Yirginia charter had been annulled ; notwith- 
standing, he determined to uphold his claim, and, 
if possible, drive the colony from the province. 

8. To accomplish this he fitted out an armed 
vessel, under one lieutenant Warren, with orders 
to seize and capture any of the government or col- 
ony of St. Mary's. The second in command was 
Thomas Smith. The colonists promptly met this 
hostile demonstration by fitting out two armed 
boats under command of Thomas Cornwallis. 



Questions.— 6. What did the settlers do? 7. What did Claiborne 
now resort to ? Upon what did he base his pretensions? What 
did he determine to do? 8. What did he fit out? With what 
orders? Who was second in command? Who commanded the 
boats of the colonists ? 



First Assembly. 35 

9. In a battle between the hostile boats, com- 
menced by Claiborne's men firing first upon those 
of Cornwallis, Claiborne's vessel was captured. He 
was thus deprived of his last resource, and his only 
safety was in flight. He sought security in Vir- 
ginia, but was followed by commissioners sent by 
Calvert, to demand his surrender. Governor Har- 
vey, of Virginia, however, sent him with the wit- 
nesses to England for trial. This was early in the 
year 1635. 

10. During this year it appears that the first leg- 
islative assembly met. The records having been 
lost or destroyed, little is known of their proceed- 
ings. The laws which they passed, whether "whole- 
some" or otherwise, were dissented to by the Lord 
Proprietary, it is supposed, because, under the char- 
ter, he claimed the right of initiating or proposing 
the laws. He immediately, however, set about to 
frame a code for their acceptance. By referring 
to the beginning of Chapter III, the reader will 
see the clauses in the charter, which refer to this 
matter. 

11. In accordance with the instructions of the 
Proprietary, the land was divided among the set- 
tlers. Under the circumstances of danger, both 
from the savages and their own countrymen, the 
colonists were not disposed to extend their settle- 

Qnestxons.—^, What was the result? Where did he go? What 
did Calvert do, and what, Governor Harvey? What year was this? 
10. When did the first legislative assembly meet? What is said 
of the laws they passed? 11. How was the laud divided? 



36 History op Maryland. 

ments beyond the limits of St. Mary's ; within the 
city, lots of five and ten acres were granted to all 
who might apply for them. And, in the interior, 
tracts ranging from one hundred to three thousand 
acres, were granted, in proportion to the number 
of settlers, whom the applicant introduced into the 
colony. A quit rent of twenty shillings for every 
thousand acres was reserved for the Proprietary. 
12. These liberal terms were well calculated to 
induce men of wealth, who were able to bear the 
expense of transporting servants and dependents, 
to emigrate to this province, and contribute to the 
growth and prosperity of the colony. 



CHAPTER VI. 



1638-1642 — The Second General Assembly — Mis- 
sionaries — Kent Island — New Hundred — New Code of 
Laws — Trial of Smith — Claiborne' s efforts in England 
— Returns to Virginia — Missionaries — Conversion and 
Baptism of Tayac — Father White — Privileges of the 
Governor extended. 

1. Prior to 1638, the inhabitants of Kent Island 
had, to a certain extent, submitted to the govern- 
ment of Maryland, and courts were established 
there, in the name of the province, for the trial 



Questions. — 12. What was the effect of these liberal terms? 
1. What is said of the inhabitants of Kent Island? 



Kent Island. 37 

of civil and criminal cases. The factious fol- 
lowers of Claiborne, still looking forward to the 
success of their leader resisted the processes and 
warrants of the civil courts. A visit from the 
governor himself with a military force was neces- 
sary to bring it to complete subjection to his 
authority. 

2. In the settlement at St. Mary's, the planta- 
tions had already extended to the west side of St. 
George's river, and there being large accessions 
from the northern country, a new hundred — a divi- 
sion similar to our election district — was erected. 

3. Lord Baltimore now caused the code which 
be had prepared, to be presented. But the people 
thinking that the power of making the laws was 
vested in them, and that the Proprietary had only 
a veto power, immediately rejected the laws sent 
by Baltimore, and set about framing such as they 
thought proper. 

4. After a short time, however, the controversy 
was concluded by the Proprietary abandoning his 
claim. Preferring the welfare of the colony to his 
own individual privileges, and satisfied that the 
veto power was sufficient to protect his authority, 
he gave to his brother, the Governor, the right to 
assent to any law, " which he might think good for 



Questions.— 1. "What was necessary? 2. Where was a New Hun- 
dred erected? 3. What dispute between Lord Baltimore and the 
people? 4. How was the controversy concluded? What right did 
he give the Governor? 

4 



38 History op Maryland. 

the government of the province, and not contrary to 
the laws of England." The Assembly met in 1639, 
and passed a Code of laws. Among these laws 
was one interesting to farmers, as it legalized a 
custom still existing in this State. It was in refer- 
ence to the measurement of a barrel of corn. "A 
barrel of new corn, at or before the fifteenth day of 
October in any year, shall be twice shaked in the 
barrel, and afterwards heaped as long as it shall 
lie on ; and at or before the Feast of Nativity 
(Christmas), shall be twice shaked and filled to the 
edge of the barrel, or else not shaked and heaped 
as before ; and after the said feast it shall not be 
shaken at all, but delivered by strike." 

5. Thomas Smith, who had been captured in the 
expedition sent out by Claiborne, was tried for 
murder. He was found guilty, and sentenced to 
death, though it is not ascertained that he was 
executed. A bill of attainder was passed against 
Claiborne by which his property was confiscated 
to the Proprietary. 

6. Claiborne was still in England endeavoring 
to accomplish his object through the known ava- 
rice and unscrupulousness of the royal court. He 
boldly laid claim to the Isle of Kent and its de- 
pendencies, and charged the Proprietary's officers 
with having attacked and slaughtered his men. — 



Questions. — 1. When did the Assembly pass laws ■? 5. What was 
done with Smith? G. Where was Claiborne, and what was he 
doing? What did he charge upon the colonists? 



Missionaries. 39 

In the trial of Smith, however, it was proved that 
the first fire was from Claiborne's boat. In a peti- 
tion to the king, he offered to pay the crown two 
hundred pounds sterling for a grant of the Isle of 
Kent and other valuable possessions. 

7. The whole matter having been referred to a 
proper committee, they reported, after a full inves- 
tigation, that the lands in question belonged abso- 
lutely to Lord Baltimore, and that no trade with 
the Indians could be carried on without his con- 
sent. 

8. Claiborne, thus baffled, returned to Virginia 
to carry on his old schemes of annoyance. The 
legislature, however, interfered and compelled him 
to desist. Then he dispatched an agent to Mary- 
land praying the restoration of his property which 
had been confiscated to the government. His 
prayer was rejected, and, for a while, he aban- 
doned his efforts. 

9. During the earlier years of the colony, the 
settlement was circumscribed within narrow limits, 
and the presence of the two missionaries who had 
accompanied the colony was required in the settle- 
ments. For these reasons their efforts at convert- 
ing Indians, were confined to those who were in 
friendly relationship with the settlers. But as the 

Questions.— G. What was proved on the trial of Smith? What 
did Claiborne ofter the king? 7. What was the report of the com- 
mittee? 8. What did Claiborne do? 9. How many missionaries 
accompanied the colonists? Why did they not go abroad among 
the Indians? ]>id they teach the Indians in the settlement? 



40 History op Maryland. 

colony increased, new missionaries arrived from 
England. 

10. These zealous men immediately began to 
penetrate into the interior, and visit every tribe 
and village. The Indians at Patuxent received 
them very kindly, and bestowed upon them a plan- 
tation called St. Mattapany, on the Patuxent, 
where a missionary station and a store house were 
immediately erected. The missionaries travelled 
in a boat, subsisted by hunting, and at night slept 
under cover of a slight tent. Confiding themselves 
to the protection of God, they slept as soundly aa 
if surrounded by the luxuries of a palace. 

11. In five years they had extended their sta> 
tions throughout a large portion of the province j 
they had visited many tribes, and made many con 
verts ; they possessed four permanent stations, tho 
most distant of which was one hundred and twenty 
miles from St. Mary's. They went in every direc- 
tion preaching Christianity to the savages, and by 
their gentle influence they maintained the peace and 
quiet of the settlements more firmly and securely 
than could have been done by all the militia of the 
proviuce. 

12. The conversion and baptism of Clitomachen, 
the Tayac, was a remarkable event. The Tayac 
was the chief officer of the Piscataways, the most 

Questions.— 0. When did more arrive? ]0. What did they do? 
How did the Indians receive them ? How did they travel? 
11. What was the result of their labor? 12. Describe the baptism 
of the Tayac ? 



Tayac. 41 

extensive and powerful tribe in Maryland. Shortly 
after the arrival of Father White, the missionary, 
the Tayac was taken sick, and forty medicine men 
tried all the arts of conjuring within their power, 
to cure him. The missionary gained permission to 
treat the sick chief, and by his treatment shortly 
restored him to perfect health. After having been 
properly prepared for the reception of the holy 
rite, the Tayac and his household were baptized. 

13. The Tayac after this abandoned the habits 
and dress of the savage, adopted those of the 
English, and learned their language. In a con- 
versation with the governor on the advantages of 
trading with the settlers, he is reported to have 
said : 4< I consider these as trifling, when compared 
with this one benefit, that, by their aid, I have 
arrived at the true knowledge of the one God, the 
most important of all knowledge." 

14. Thus surrounded by Christian Indians, the 
colony suffered but little from the hostilities of the 
natives, nothing .that rose to the dignity of an In- 
dian war. What troubles they had were caused 
by the Susquehannas, the Wycomeses and Nanti- 
cokes, who were too far from the settlements to be 
brought under the good influences of the whites. 
The promptness and energy, however, of the gov- 
ernor, prevented any serious disaster to the colony, 



tyiestions. — 13. What is said of the Tayac, after his baptism? 
What remarkable language is attributed to him? 14. What In- 
dians were troublesome ? 

4 * 



42 History of Maryland. 

and in a short time a truce was concluded with the 
Nanticokes. 

15. The colony had gone on improving, strength- 
ening their settlements, and extending their legis- 
lation, and, although by act of the Assembly which 
met iu 1639, the privileges of the Governor had 
been greatly extended — privileges that might have 
been of dangerous consequences — the wise and 
virtuous administration of Leonard Calvert, fully 
justified the confidence which the people placed in 
his honor and integrity.. 



CHAPTER VII. 

1G43-1647. — Claiborne and Ingle's Rebellion— < 
Troubles in England — Insubordination of Claiborne — 
Calvert Visits England — Indian Troubles — Ingle—- 
Gov. Brent — Calverfs Return — Endeavors to obtain 
Possession of Kent Island — Calvert compelled to Flee-- 
Conduct of the Insurgents — Success of Parliamentary 
1 Party — Calvert Regains Possession — Death of Calvert. 

1. The contest which had broken out in Eng- 
land, between the King and Parliament, materially 
affected the good order of the Maryland colony. 
The government was a royal grant, and the Pro- 
prietary was an adherent of the king. As the 

Questions. — 15. What is said of Leonard Calvert's administra- 
tion ? 1. What is said of the contest in England ? To which sido 
did tho Proprietary belong? 



Rebellion. 43 

cause of the king at home declined, the friends and 
adherents of Claiborne, and the advocates of the 
Parliament considered this a favorable moment to 
throw off the authority of the Proprietary. 

2. Uncertain what course to pursue, and anxious 
to view in person the tendency of affairs in the 
mother country, Governor Calvert determined to 
visit England and consult his brother, Lord Balti- 
more. He set sail in the early part of the year 
1643. During his absence the spirit of disaffec- 
tion increased, and at length broke out in Clai- 
borne and Ingle's rebellion. 

3. The Indians, either urged by the malcontents, 
or perceiving the internal divisions of the settlers, 
again began to be troublesome. The Susquehan- 
nas were particularly so, having, contrary to the 
laws of nations, been furnished with lire-arms by 
the Swedes and Dutch. 

4. Whilst the Indians were threatening the 
colony on the north, Captain Richard Ingle, an 
associate of Claiborne, a pirate and a rebel, was 
hovering about the settlement with an armed ship, 
holding communication with the disaffected, and 
endeavoring to strengthen their numbers. Gov- 
ernor Brent, who was acting in the absence of 



Questions.— 1. What did the advocates of Parliament think? 
2. Why did Calvert return to England? What happened during 

his absence? 3. What is said of the Indians? Who furnished 
them with arms? 4. Who was Ingle, and what was he doing? 
Who acted in the absence of Calvert? 



44 History of Maryland. 

Gov. Calvert, issued a proclamation ordering bis 
arrest and the seizure of bis ship. Ingle was 
taken, but soon effected bis escape, to join Clai- 
borne and concoct new trouble for the colony. 

5. On bis return in 1644, Calvert found tbe 
province in great disorder, the public officers at 
variance, tbe Indians encroaching, the pirate Ingle 
at large, his enemy, Claiborne, in arms, and once 
more in possession of Kent Island. 

6. Calvert endeavored to obtain possession of 
Kent Island, but bis efforts failed ; and the rebels, 
emboldened by success, and certain of assistance 
from their friends, invaded the Western shore, and, 
after a short struggle, obtained complete posses- 
sion of the province. Governor Calvert was com- 
pelled to fly to Virginia. 

T. The conquerors immediately commenced a 
system of outrage and oppression upon those who 
had adhered to his fortunes, and bad supported 
the laws of the colony. Many were robbed of all 
their possessions, and banished from the province. 
Even the missionaries, among whom was Father 
White, called the apostle of Maryland, were seized 
and sent in chains to England. The provincial 
records were mutilated and destroyed, so that it is 
almost impossible to get accurate accounts of their 



Questions.— i. What proclamation did he issue ? 5. Describe the 
condition of the colony on the return of Calvert ? 0. What did 
Calvert endeavor to do? What, the rebels? 7. How insurgents 
act? Whom did they seize? 



Calvert does not Yield. 45 

proceedings, or of the struggle which followed 
their success. 

8. The parliamentary party being now com- 
pletely in the ascendant, and having the king in 
their hands, Claiborne and Ingle acted in the name 
of parliament. Their success seemed a death-blow 
to the supremacy of Lord Baltimore in the pro- 
vince. He felt this, and accordingly, in 164f5 t 
directed his brother, the governor, to collect and 
take charge of his private property, and save what 
he could from the wreck of his fortunes, apparently 
abandoning the hope of recovering his rights. 

9. Leonard Calvert was not willing to yield. — 
The people of Virginia were loyal to their sove- 
reign, and he believed that the majority of the 
people of Maryland were attached to the mild and 
parental sway of the Calverts. In Virginia he 
found not only a safe refuge, but also the means 
for a final effort to subdue the rebels. The out- 
rage, oppression and misrule of the usurpers in 
Maryland, soon prepared the people to sustain 
him in the attempt. 

10. Having completed his arrangements, at the 
close of the year 1646, he crossed the Potomac 
with a military force, surprised the enemy, entered 
St. Mary's in triumph, and once more took posses- 
sion of the government. 

Questions. — 8. In whose name did Claiborne act? What did 
liord Baltimore direct? 9. Why did not Calvert yield ? What did 
lie rind in Virginia? 10. When did he return, and with what suc- 
cess ? 



46 History op Maryland. 

11. Kent Island, the stronghold of the malcon- 
tents, did not submit so easily as the rest of the 
province. It was found necessary to declare mar- 
tial law; to cut off all communications from with- 
out, and send an expedition under the governor 
himself, into the island before the rebels could be 
reduced once more under the authority of the Pro- 
prietary. The governor having secured the tran- 
quillity of the island, granted an amnesty to most 
of the offenders and returned to St. Mary's. 

12. Just as order was once more restored to the 
colony, and renewed prosperity began to dawn 
upon the settlers, they met with a heavy blow in 
the death of their governor. Governor Calvert 
died, surrounded by his family and friends, on the 
9th of June, 1647, having named Thomas Green 
his successor. 

13. During the space of fourteen years he had 
guided the colony through the storms which had 
darkened around its infancy — he had devoted his 
whole life and energies to its permanent establish- 
ment — with a disinterested self-devotion, he had 
striven in the wilderness for its glory and its pros- 
perity : and it seemed as if, through a special 
providence of heaven, to reward his labors, a beam 
of sunshine had broken over the province as he 
was about to die, at peace with all, triumphant 



Questions.— 11. What did he do on Kent Island? 12. What mis- 
fortune bel'el the Colony? 13. What had been the character of 
Calvert's administration ? 



Liberty op Conscience. 47 

over the enemies of Maryland, fall of honor, and 
enriched with the prayers and blessings of a res- 
cued people. His character, public and private, 
was without stain, his abilities were undoubted, his 
government, kind and parental, and his memory 
was long cherished by the colonists with grateful 
recollection. He was indeed a great and good 
man. 



CHAPTER VIII. 



Liberty of Conscience— New guards to Liberty of Con- 
science — Oath of Office — Acts of Assembly — Protection 
to Feelings — Who formed the Assembly. 

1. Lord Baltimore now perceived, that, while 
some concessions to the disaffected might be neces- 
sary to maintain his provinces, new guards were 
necessary to prevent the growing feeling of intoler- 
ance manifested by the insurgents, and which was 
tending to destroy the sanctuary he had erected at 
the cost of so much care and treasure. 

2. Therefore, in 1648, he appointed William 
Stone, governor of the province, and prescribed 
the famous oath of office, as a further guaranty for 
the continuance of liberty of conscience, and full 



Questions.— 1. What did Lord Baltimore now perceive? 2. Whom 
did he appoint governor ? What oath did he prescribe to the 
governor ? 



48 History op Maryland. 

toleration to all persons who believed in Jesus 
Christ. 

3. The assembly that met on the 2d of April, 
1G49, after enacting severe penalties for the crime 
of blasphemy, and providing that certain penal- 
ties shall be inflicted upon any one who shall call 
another a sectarian name of reproach — such as 
"heretic," "idolater," "schismatic," "round-head," 
&c. — declared that "no person or persons profess- 
ing to believe in Jesus Christ, shall from henceforth 
be any ways troubled, or molested, or discounten- 
anced for, or in respect of his or her religion, nor 
in the free exercise thereof, nor any way compelled 
to the belief or exercise of any religion against his 
or her consent." 

4. The passage of this act, when compared with 
the intolerant laws existing in other colonies, is one 
of the proud boasts of Maryland. Whoever was 
oppressed and suffered for conscience, might here 
find refuge, protection and repose. 

5. It is said that some of these legislators could 
neither read nor write. "Two of them at least 
were in the habit of making their signet mark. 
But did they not leave a mark also upon the coun- 
try, and upon the world ? In depth and earnest- 
ness, in real dignity and propriety, in profound 



Questions.— 3. Against what penalties did the assembly make 
enactments? 4. How does this act compare with laws in other 
colonies? 5. What is said of the learning of some of these legis- 
lators I 



Protection to Feelings. 49 

views of human nature, and in true legislative wis- 
dom, they were not behind those earlier law givers 
who bore the appellation of 'The Wise."'* Their 
want of culture, though sometimes made the sub- 
ject of ridicule, adds to the numerous examples 
in history, that progress is not so much depen- 
dent upon mental culture as upon force of char- 
acter. This is the motive power in the progress of 
events. 

6. JN"o person was allowed to stigmatize his fel- 
low-man by any term of reproach on account of his 
religious belief, or the sect to which he belonged. 
The law protected not only the property and per- 
sons of the citizens, but also their feelings. ' It also 
made it penal to deny the Saviour, and to blas- 
pheme. It has been objected, therefore, that the 
" freedom of conscience " was not entire. But 
freedom to deny and blaspheme God and his wor- 
ship is not, in any sense, freedom of conscience, for 
conscience never yet required any man to deny or 
blaspheme his Maker. There is no conscience 
where God is denied, for conscience is man's re- 
cognition of what the law of God commands. 

7. This act, passed by an assembly made up of 
men of many different creeds, introduced no new 
principle in the colony, but, in its best provisions, 

*Davis. 



Questions.— 6. What was disallowed? What were protected? 
What was made a penal offence? What is said of this? 7. Who 
composed this assembly? 

5 



50 History op Maryland. 

was merely affirming and recording the law which 
had hitherto governed the province. This libe- 
rality, as we shall see in subsequent chapters, was 
the cause of greatest misfortune to the province. 



CHAPTER IX. 

lG49-lfiG4— Puritan Settlements— The Liberal Policy 
attracts Settlers — Richard Bennett and his Puritans — 
Chivalric Conduct of Marylanders — Influx of Puritans 
— Reduction of Virginia — Claiborne and Bennett's De- 
scent upon Maryland — The Proprietaryship Abolished 
■ — Indian Troubles — Claiborne and BennetVs Invasion. 

1. The liberal policy of Maryland could not fail 
to attract the attention of the colonies. The Puri- 
tans, on the James river, in Virginia, having been 
ordered to leave that colony, soon found an asylum 
here. Under the leadership of Richard Bennett, 
they founded settlements on the Severn. They 
called the place New Providence. It was near the 
present City of Annapolis. 

2. These settlers governed themselves entirely 
independently of any connection with the colony, 
which received and protected them. They did not- 
even obtain grants for the land they occupied. 

Questions.— 1. Who were ordered to leave Virginia? Where did 
they go? 2, What is said of this settlement? 



Puritans. 51 

3. At this time an event happened that showed 
the generous and chivalric character that has ever 
marked the sons of Maryland. 'Charles I, by a 
tribunal constituted for the purpose, had been put 
to death, and the parliament had passed a decree 
declaring it td be treason for any one to acknow- 
ledge his son Charles, as king He was imme- 
diately proclaimed sovereign by the authority of 
Maryland. This daring act of loyalty aroused the 
adherents of parliament, and finally led to the 
reduction of the province. 

4. The Puritans, attracted by the liberal policy 
of the province, were settling in it, in considerable 
numbers. Besides those who came from Virginia, 
a colony came from England, under the patron- 
age, it is supposed, of Governor Stone ; another, 
on South river, and also a Protestant settlement, 
twenty miles from the mouth of the Patuxent, un- 
der Richard Brooke. When the assembly was 
called, it was found that the partizans of Cromwell, 
who had usurped the power in England, were in 
the majority. 

5. Parliament had passed an ordinance for the 
reduction of Virginia. The armed force that was 
sent out to effect this, was joined by Claiborne and 
Bennett, the Puritan, who had been appointed 
commissioners. The governor of Virginia made 

^ruestioni.—3. What happened at this time? What was the effect 
of this daring act? 4. What other Puritans came to the colony ? 
5. What decree had Parliament passed? Who joined the armed 
force ? What did Virginia do ? 



52 History of Maryland. 

his submission and received favorable terms. Al- 
though his duties as commissioner had now been 
performed, Claiborne could not forego the favora- 
ble opportunity he enjoyed of gratifying his ancient 
hostility to the colony of Maryland. The Puritan 
Bennett, who had lately been so kindly received in 
the province, when exiled from Virginia, eagerly 
joined in the schemes of Claiborne. 

6. Having come to St. Mary's, towards the close 
of March, 1G52, they demanded that the. colony 
should submit to the Commonwealth, which was 
the name given to the government ; they insisted 
that the name of the Proprietary should be erased 
from all writs and processes ; they removed tho 
governor from his office, and entirely abolished tho 
authority of Lord Baltimore, in the province. — 
Stone was subsequently reinstated, but with modi- 
fied powers. 

7. Simultaneously with the ascendancy of the 
Puritans, the Indians began to be troublesome. 
The Nanticokes broke in upon the Eastern Shore 
settlers, burning, killing and ravaging. Great 
efforts were made to raise a force and protect their 
frontiers. The Puritans of Anne Arundel, how- 
ever, refused to make their levies, and the expedi- 
tion had to be abandoned. 



Questions— ?>. What did Claiborne then do? Who united with 
him? G. What did they require ? 7. When did the Indians begin 
to be troublesome? Who refused aid? 



Claiborne and Bennett. 53 

8. Lord Baltimore did not rest quietly under 
the wrong that had been done him. He imme- 
diately took steps to call the commissioners to ac- 
count for their unlawful proceedings, and directed 
Governor Stone to require all persons to take the 
oath of fidelity, and to re-establish the Proprie- 
tary government, which was accordingly done in 
1664. 

9. Claiborne and Bennett immediately invaded 
Maryland with a considerable force, and Stone, 
either from timidity or disaffection, submitted. — 
Bennett and his party having seized the govern- 
ment, disfranchised the very men who had received 
them into the province when flying from persecu- 
tion abroad. An assembly was called, but no 
Roman Catholic or adherent to the royal cause 
was allowed to vote for delegates to it, or sit 
therein as a member. This body representing a 
minority of the people, immediately passed a law 
excluding Roman Catholics and members of the 
Church of England from the protection of the 
government. This act, disgraceful as it was, can 
hardly be called a stain upon the fair fame of 
Maryland. It was the act not of Marylanders, 
but of those whom they had received in their 
midst, and those, who, protected by the arms of 



Questions.— 8. What did Lord Baltimore do? 9. Who invaded 
Maryland ? Who were disfranchised ? Who were excluded from 
the assembly ? Can this be called an act of Marylanders ? 

5* 



54 History of Maryland. 

the usurping government at home, usurped the 
government of Maryland, of those who, like the 
serpent in the fable, stung to death the benefactor 
that had warmed them into life. 



CHAPTER X. 



Restoration of the Proprietary — Rebuke to Gov- 
ernor Stone — Recovery of the Records — Unsuccessful 
Expedition to Providence — Barbarity of the Puritans"' 
Appeal to Cromwell — Decision of the Board of Trrult 
— Bennett Makes Terms— Fendall— The Last of Clai- 
borne. 

1. When Lord Baltimore was apprised of the 
proceedings, he dispatched William Eltonhead to 
the colony, with a severe rebuke to Governor 
Stone, for thus yielding up his authority without a 
blow, and with instructions to resume it immedi- 
ately. In 1655, Stone began to make levies among 
the people of St. Mary's, who had always remained 
faithful to the Proprietary. 

2. He dispatched Eltonhead with a force of 
twenty men, to recover the provincial records, 
which the commissioners had seized, and to cap- 
ture a magazine of arms, which the Puritans had 
gathered. 

Questions. — 1. Who was sent to the colony and for what purpose ? 
2. Where did the governor send Eltonhead? 



Cruelty of Puritans. 55 

3. Being successful in this, he pressed into his 
service ten or twelve vessels lying in the harbor. 
Embarking his force upon these, Governor Stone 
set out against the people of Providence. 

4. By the aid of an armed merchantman lying 
in the harbor, the Puritans were successful. The 
fight that took place was well sustained, but the 
undisciplined levies of St. Mary's were no match 
to the Puritans, many of whom doubtless were 
used to battle under the victorious banner of Crom- 
well. 

5. This victory of the Puritans was stained by 
an act, as cruel and bloody as it was unnecessary. 
The governor and his council, and others, to the 
number of ten, were condemned to death, although 
they had surrendered themselves upon the pledge 
of quarter. Four of them were shot in cold blood. 
The rest escaped at the stern intercession of the 
soldiers themselves. 

6. The governor and his council were detained 
prisoners for a long time. They were prohibited 
from communicating with their friends; and Stone 
was not allowed even to write to his wife, at St. 
Mary's, without submitting his letter to the inspec- 
tion of his keepers. She was subsequently allowed 
to nurse him during the recovery of his wounds. 



Questions. — 3. What second expedition did he undettake? 
4. What prevented its success? 5. What barbarity were the Pu- 
ritans guilty of? G. What was their treatment of the governor 
and council? 



56 History of Maryland. 

7. Both parties now appealed to Cromwell. — 
After some delay the controversy was referred to 
the "commissioners of trade" in England. They 
reported entirely in favor of the Lord Proprietary. 
Capt. Josias Fendall was appointed governor, and 
directed by Baltimore to see that the act for free- 
dom of conscience was duly observed in Maryland. 
He was also ordered to reward with grants of 
land all who had been active in his behalf, and to 
take especial care of the widows of those who had 
fallen. 

8. To give aid and countenance to his governor, 
Lord Baltimore appointed his brother, Philip Cal- 
vert, secretary of the province. The governor and 
secretary obtained possession of the capital with- 
out difficulty, but beyond the faithful county of 
St. Mary's, their success did not immediately ex- 
tend. 

9. The Puritans being determined to consider 
their authority as undisputed, summoned an assem- 
bly, which convened on 24th of September, 1657. 
They levied a tax to pay the public expenses, and 
appointed commissioners to collect the fines im- 
posed upon the adherents of the Proprietary. But 
their domination was at an end. 



Questions. — 7. To whom did both parties appeal? To whom did 
he refer the matter ? Their decision ? Who was now appointed 
governor? What instructions did he receive? 8. Who was ap- 
pointed secretary to the province ? They obtained possession of 
what place ? 9. What did the Puritans do ? 



Fendall. 57 

10. The negotiations of Lord Baltimore with 
Cromwell, began to be successful. The Puritan 
Bennett, perceiving the turn affairs were taking, 
and despairing of retaining the supremacy of his 
party, hastened to come to terms with the Proprie- 
tary. Fendall was acknowledged Governor ; and 
Maryland was once more restored to the govern- 
ment of the Propriet try, after nearly six years of 
rebellion. 

11. But no sooner had Fendall overthrown the 
power of the Puritans, than he set about under- 
mining that of the Lord Proprietary. At the ses- 
sion of 1659, the house of delegates demanded that 
the governor and council should no longer sit as 
an upper house. For a time, Fendall made a show 
of resistance, but at leugth yielded and took his 
seat in the lower house. 

12. The upper house was then declared dis- 
solved. Fendall resigned his commission from the 
Lord Proprietary, into the hands of the assembly, 
and accepted a new one from that body in their 
own name and by their own authority. 

13. The power of this new rebel was of short 
duration. The people were tired of intestine com- 
motions, and, remembering the mild government 
of Leonard Calvert, joyfully submitted to Philip 
Calvert, who was appointed governor upon intelli- 

Qucstions.— 10. What is said in this section? 11. What did Fen- 
dall do ? 12. What further ? 13. What is said of the people of the 
colony ? 



58 History of Maryland. 

gence of Fendall's rebellion. Fendall gave himself 
up, and was respited. He abused this clemency to 
excite new trouble in after days. 

14. Claiborne, "the evil genius of Maryland," 
the arch-disturber of its peace, returned into Vir- 
ginia, where he still continued a man of some dis- 
tinction. He met his death in battle with the 
Indians, and was buried in the field. His life and 
death were those of an heroic adventurer. 



CHAPTER XI. 



16G0-1689 — Peace and Prosperity — Calm — Charles 
Calvert — Increase of Pojoulation — Planters — Maryland 
Domestic Life — Slavery — Servants — Quakers — Fox — 
Land of the Sanctuary — Death of the Proprietary — 
FendalVs Attempt at Rebellion — End of the Period of 
Repose. 

1. After these storms a calm of thirty years 
succeeded. The colony, again under a brother of 
its founder, having proclaimed Charles II, king, 
set about to remedy the consequences of the late 
troubles. 

2. In 1662, Philip Calvert was superseded by 
Hon. Charles Calvert, son of the Lord Proprietary. 



QuetUona.-4S. What of Fendall? 14. What became of Clai- 
borne? 1. What is said in this section? 2. Who superseded 
Philip Calvert? 



Calm. 59 

When Philip Calvert assumed the government of 
the colony, in 1660, the number of inhabitants was 
twelve thousand ; in five years, it had increased to 
fifteen thousand, and in 1671, to twenty thousand. 

3. The number of counties was increased. But 
as yet there were few towns. St. Mary's con- 
tained little more than sixty houses. The people 
were planters and farmers. There were no influ- 
ences to draw people together in towns, and the 
people, free from the excitement, turmoil and ambi- 
tion of commercial communities, laid the founda- 
tion of that peculiar domestic life, which has always 
been the characteristic and charm of Maryland. 

4. The first evidence of slavery in Maryland, is 
to be found in the laws relating to masters and 
slaves, passed during this period of repose. — 
Slavery was probably introduced from Virginia.* 

5. There was another species of servant in the 
colony, of whom mention is frequently made. They 
were white emigrants, who wanting the means to 
emigrate, apprenticed their time, for a certain 
period, to those who would bear that expense. 

*As the Puritans of New England were the first to engage 
in the traffic of slaves, after the trade was re-opened in South 
Carolina, and the very last to abandon it, it is not impossi- 
ble that Maryland is indebted for the existence of slavery 
in her borders to the Puritans she received from Virginia. 



Questions.— 3. What was the number of inhabitants? What is 
said of domestic life ? 4. First evidence of slavery ? 5. What 
other species of servant was there? 



60 History op Maryland. 

This was made a matter of trade. The captain 
of a ship would bring out a party of emigrants, 
taking in lieu of passage money an indenture, 
whereby the emigrant agreed to serve for a given 
time. 

6. On the arrival of such emigrants, their unex- 
pired time was sold to the highest bidder. The 
price was paid in tobacco, which was the currency 
of the province. 

7. The Quakers or Friends here found peace 
and refuge. In Massachusetts, the law had pro- 
scribed them as a "cursed sect." They were to be- 
imprisoned " without bail," and "sentenced to ban- 
ishment upon pain of death." They were to be 
maimed, whipped, and, "man or woman, to have 
their tongues bored through with a red hot iron." 

8. In Maryland, on the contrary, George Fox, 
their zealous leader, tarried and preached. Indian 
chiefs and their subjects, the legislature and the 
council, persons of quality, justices of the peace, 
and the heir of the Proprietary himself, came to 
listen to his preaching. To the Friends indeed 
was Maryland The Land op the Sanctuary. — 
Whatever difficulty they had with the government, 
it arose from their refusal to perform military duty, 
and their rejection of oaths, but even of these re- 
quirements they were subsequently relieved. 

Questions— -7. What is said of the Quakers ? How were they 
treated in Massachusetts ? 8. What is said of the preaching of 
Fox? 



Calm. 61 

9. Charles Calvert continued to act as governor 
until the death of his father, November 30th, 1675, 
by which event he became himself the Lord Pro- 
prietary. Having revised and reformed the laws, 
and believing his presence no longer necessary in 
the province, he appointed Thomas Notely to act 
as deputy governor in the name of his infant son, 
Cecil Calvert, and returned to England. 

10. While in Europe, he met and refuted the 
charges that had been made against his colony. 
He then, in 1680, returned to his province and 
assumed the government. 

11. In the following year, Fendall, in conjunc- 
tion with a restless spirit, named Coode, attempted 
to excite a rebellion among the people ; they failed 
and were arrested, tried and convicted, but escaped 
with their lives again to disturb the peace of the 
province. 

12. After governing the colony for four years, 
the Proprietary, thinking it necessary for him to 
return to England, appointed a council to direct 
the affairs of the colony, and departed from the 
province, never to return. 

13. Events in Maryland were bringing to a 
close the long period of repose and toleration en- 
joyed under the mild administration of the second 



Questions.— 9. How long did Charles Calvert govern the colony? 
What did he do upon the death of his father? 10. What did he 
in England? 11. What is said of Kendall? 12. How long did 
Charles Calvert govern in person after he was proprietary? 
13. What i=s said in this section ? 

6 



62 History of Maryland. 

Lord Proprietary. Dissensions, excited by the 
troubles in the mother country, and nourished by a 
sympathising spirit of intolerance in the colony, ht 
length broke out in open revolution. 



CHAPTER XII. 



State of Society, to 1689— Friendship of the Natives- 
Kind of Government — Trade — Coin — Luxuries — Fruit 
— The Baltimore Bird — Tobacco — Travelling. 

1. Up to this time, the aborigines and the colo- 
nists were living side by side upon terms of the 
greatest friendship. The Chesapeakes had disap- 
peared from Maryland, and the remnant of their 
tribe was seated on the banks of the Elizabeth 
river, in Virginia, under the dominion of the Pow- 
hatans. 

2. The Yo-a-comicos lived upon the St. Mary's, 
and, as has been mentioned, were almost domesti- 
cated with the settlers. 

3. The Susquehannocks, at the head of the 
Chesapeake bay, were at some distance from the 
early settlers, and less under the influence of the 
whites than the Yo-a-comicos, and were less 



Questions.— 1. Wh.it is said of the Indians? 2. Of Yo-a-comicos? 
. Of the SusquchannocUs? 



Indians. 63 

friendly to them. They were also hostile to the 
Yo-a-comicos, and were, therefore, sometimes trou- 
blesome. 

4. The government was essentially a monarchy. 
But no powers were ever exercised with more en- 
tire reference to the interest and welfare of the 
governed than this power was by the Proprietary. 

5. Trade was conducted through the midium of 
barter, or the exchange of one commodity for 
another. There was, however, a silver coin issued 
by the Proprietary, of various denominations, hav- 
ing Lord Baltimore's arms on one side, with the 
motto, Cre&cite et muUiplicamini on the other. 
Probably very little of this coin was used, tobacco 
being the most common currency of the province, 
one pound of it, in 1050, being about three-pence 
English money ; in 1T32 it was made a legal ten- 
der at one penny a pound. 

6. The luxuries of the present day were un- 
known. Our forefathers sat upon stools and forms, 
and dined without forks ; but they paid especial 
attention to the furniture of their bed chamber. 
Tea and coffee were scarcely used, but cider and 
sack were freely drunk. 

7. Great attention was paid to fruit. The waters 
of the bay furnished the greatest of delicacies — 
oysters and canvas-back duck. The oriole was 



Questions. — 1. Of whiit kind was the ^nvornniont? 5. How wr\<j 
Irculo cumlucteil? What coin was issuo<l? 0. What is said of 
luxuries? 7. Fruit? Chesapeake bay? Hnltimore Bird? 



64 History of Maryland. 

common, and the settlers were so pleased with its 
plumage — black and yellow — corresponding with 
those upon the arms of the Calverts, that they 
called it the Baltimore Bird. 

8. Tobacco was the greatest product of the 
province. It is said, "that a hundred sail of 
ships" traded in this article. Indian corn and 
the sweet potato were also cultivated at an early 
period. The words potato, pone and homony are 
derived from the Indians. 

9. There was no regular post. Travelling was 
performed on horseback by land, and in canoes or 
other small boats by water. Letters were sent by 
private hand. 



CHAPTER XIII. 



Revolution of 1689 — James II Banished — William and 
Mary — Delay of Instructions — Protestant Association 
— John Coode — First Royal Governor — Acts of Assem- 
bly — Lord Baltimore Appeals to the King — Removal of 
the Capital — Second Royal Governor — Improvements — 
Efforts of the Royal Administration. 

1. In England, James II, who had succeeded 
Charles II, had been banished, and was succeeded 
by William and Mary. 

2. Upon their accession, the Lord Proprietary 
immediately gave in his adherence, and sent in- 



Queblicns.—8. Tobacco, Ac? 9. Travelling? 1. By whom w?a 
James II succeeded? 2- Wliat did the proprietary do ? 



William and Mary. 65 

Btractions to have them proclaimed in the province. 

Unfortunately, these instructions did not arrive in 
due time, and, even after the new sovereigns had 
been acknowledged by the neighboring colonies, 
the authorities hesitated to act until they should 
receive instructions from the Proprietary. 

3. The ill-will of the people had been excited 
against the deputies, and every measure they 
adopted was looked upon with suspicion. The 
public arms were collected, in fear of a general 
outbreak. At length the unfortunate delay to pro- 
claim William and Mary brought affairs to a crisis. 

4. In April, 1089, "An association in arms for 
the defence of the Pi^otestant religion, and for 
asserting the rights of King William and Queen 
Mary to the province of Maryland and all the 
English Dominions " was formed. John Coode, 
who had already been once guilty of treason and 
rebellion, was at the head of this association. 

5. The character of this man may, perhaps, cast 
a light upon the professions of religion and of loy- 
alty made by the association. He was a man of 
loose morals and desperate habits. Assuming to 
be in holy orders, he was yet so depraved that he 
was presented by the grand jury for atheism and 
blasphemy. To escape trial he fled to Virginia, 
whence he would frequently come back, declaring 

Questions.— 2. Why did not the authorities act? 3. What is said 
in this section? 4. What association was formed? Who was at 
the head of it? 5. What was the character of this man? 

6* 



66 History of Maryland. 

as be had overthrown one government he would 
pull down another. 

6. The king sustained the acts of a revolution, 
which was, in fact, only a continuation of that 
which placed him on the throne, and, in 1691, ap- 
pointed Sir Lionel Copley, first royal governor of 
the province. 

7. Early in 1692, Governor Copley summoned 
a General Assembly, which met at St. Mary's. — 
Their first act was the recognition of William and 
Mary ; their next, the overthrow of equal tolera- 
tion, and the establishment ol the Church of Eng- 
land as the State Church of Maryland. 

8. The legislature proceeded to pass oppressive 
acts against all who differed from the creed of the 
dominant party. These laws, in time, were modified 
or repealed, though some of the obnoxious restric- 
tions continued until the revolution of 1176, when 
religious liberty was the acknowledged right of all. 

9. They next endeavored to deprive the Pro- 
prietary of his personal rights in the province. 
Lord Baltimore appealed to the king, who issued 
a royal letter authorizing him to collect his reve- 
nues. The convention refused to submit, and threw 
his agents into prison. The king and council, 
however, having expressly decided in favor of Lord 



Questions.— K. What is said of the king? 7. What was the first 
act of the Assembly? 8. What further acts did the legislature 
pass? 9. What did they attempt? What did Lord Baltimore do? 
and what the convention? 



Oppressive Laws. 67 

Baltimore, the assembly at length yielded, as far 
as port and tonnage duties were concerned. 

10. From the Proprietary the assembly turned 
to old St. Mary's. In that part of the province 
his firmest supporters dwelt, and the assembly de- 
termined to punish them by removing the seat of 
government from their capital. Another weighty 
reason was that the colony had now so extended 
that St. Mary's was inconveniently situated for 
those who had business before the legislature and 
the courts. 

11. As the very existence of the town depended 
upon its being the seat of government, it is natural 
that its inhabitants prayed and protested against 
this change. Their prayers and protests were in 
vain. The seat of government was removed to New 
Providence, which thenceforth was called Annapolis. 

12. Sir Lionel Copley was succeeded by Francis 
Nicholson, who was principally active in securing 
the success of the established Church, and promot- 
ing the cause of Education. He was commissioned 
in 1691, but did not enter upon his duties until 
1694, the government being administered by Sir 
Edmond Andros, after the death of Copley, till the 
arrival of his successor. 

13. During the administration of Nicholson, 
several beneficial improvements were effected. In 



Questions.— 10. What was the next step of the assembly ? 1 1. Why 
did the town of St. Mary's protest? Where was the capital re- 
moved to? 12. By whom was Copley succeeded? 13. What took 
place during the administration of Kieholson ? 



63 History op Maryland. 

10 05, a public post was established ; the route ex- 
tended from the Potomac, through Annapolis, to 
Philadelphia. The system, in some of its features, 
was well suited to the condition of the province. 

14. Under the royal government, the population 
did not increase as rapidly as formerly. Three 
principal causes operated to check immigration, 
namely, universal toleration had ceased ; lands 
were no longer given as a bounty to the immi- 
grants ; and, the fluctuations in the tobacco trade. 
To add to these misfortunes, a destructive disease^ 
made its appearance among the stock of the farm- 
ers and planters ; and, two years later, a violent 
and raging mortality made its appearance among 
the people of Charles county. 

15. During the administration of the royal gov- 
ernors, the hand of the crown seemed to weigh like 
an incubus upon the prosperity of Maryland. For 
a quarter of a century the limits of the settlements 
were but little advanced; the population but feebly 
increased, and the foreign and domestic resources, 
at best, remained stationary. Religious liberty 
had taken flight, and with the overthrow of equal 
toleration, and the establishment of a church, was 
destroyed that true civil freedom which cannot exist 
for the body while the spirit is enchained. 

Questions.— 14. What is said of the population under the royal 
government? What were the causes? 15. What is said of the 
prosperity under the royal governors? 



Charles Calvert. 



69 



CHAPTER XIV. 

1714-1751 — The Restoration of the Province — 
Death of Charles, Lord Baltimore— Province restored 
to his Son— Undisturbed Tranquillity — Policy towards 
Indians — Establishment of Baltimore — FeWs Point — 
Commercial Advantages — Elk Ridge Landing — Anna- 
polis — Maryland Gazette — Frederick — Georgetoicn — 
Death of Proprietary — State of the Colony. 



1. Charles, Lord 
Baltimore, expired on 
the 20th of February, 
IT 14, at the age of 
eighty-four years. His 
title aud his province 
descended to his son, 
Benedict Leonard 
Calvert, who, having 
abandoned the faith of 
his father, and become 
a Protestant, secured 
the favor of the king, 




Seal of Baltimore. 



and had the government of the province restored 
to him. He only lived long enough, however, to 
be acknowledged Lord Proprietary. 

2. By his death in 1*715, the province fell to his 
infant son, Charles, who was educated in the Pro- 



Qucstions. — 1. Who succeeded Charles, Lord Baltimore? What 
is said of him 1 2. How long did he live, aad who succeeded him i 



70 History of Maryland. 

testant religion. Governor Hart, the last royal 
governor, was continued in office as representative 
of the Proprietary. The restoration produced but 
little change in the province. The Roman Cath- 
olics were still disfranchised. 

3. For a period of forty years the colony en- 
joyed almost undisturbed tranquillity. It had no 
greater troubles than contests between the gov- 
ernor and council, who formed the upper house, 
and the delegates of the people, in the lower house. 
These struggles were the germ of that mighty con- 
test in which the liberties of the people were finally 
secured. 

4. From the earliest period, the government of 
the colony had pursued a peaceful and just policy 
towards the Indians. In 1698, an act was passed 
to assure to the Nanticokes, the possession of their 
lands in Dorchester county. 

5. Thus even the warlike Nanticokes had yielded 
to the mild influence of the colonial government, 
and became peaceful dwellers under its protection. 
But the red man cannot long remain in the vicinity 
of the white, and by degrees they began to remove. 

6. In 1729, Baltimore, the great emporium of 
the State, was first laid out on the lands of Charles 
Carroll, in sixty lots of one acre each, by commis- 



\hicstionn. — 3. What was the condition of the colony? What is 
said *>f these struggles? 4. What act had been passed in 1008? 
. r ». What is said of the Indians? G. When was Baltimore founded ? 
On whose land ? 



Elk Ridge Landing. 71 

sioners appointed by the legislature. The north- 
western corner lot was that whereon St. Paul's 
church now stands. In 1732, it was increased by 
an addition of ten acres east of the falls, com- 
mencing where the Gay street bridge now stands. 
In 1763, Edward Fell laid off a further portion 
called Fell's Point, which, in the year 1773, was 
added to Baltimore Town. In 1781, he laid 
off " the addition to Fell's Point," which was 
annexed to Baltimore, by act of assembly of that 
year. 

7. The commercial advantages possessed by Bal- 
timore Town soon drew population, and the town 
grew and flourished. For a time, the town of Elk 
Ridge Landing contended with it for the commerce 
of the northern part of the colony, and was a great 
tobacco market. But the superior advantages of 
Baltimore soon enabled it to surpass its rival.* 

*The original linos of Baltimore were as follows: From 
near the corner of Pratt and Light streets to McClellan's 
alley, from that point to the corner of St. Paul and Sara- 
toga streets, thence east to ahout 165 feet from Gay street, 
including Fish street; thence south to near where Water 
street is, and following the line of that crooked street — 
which was the line of the low lands — back to the begin- 
ning. Old Town wa3 so-called from an early settlement 
made by Coles, or Gorsuch, or Jones. 

It was not originally a part of Baltimore Town, but was 
callel Jones' Town. It consisted of ten acres, and was laid 



Questions.— 6. When increased and by what addition? 7. What 
is said of the advantages of its position ? What rival had it ? 



72 History op Maryland. 

8. At Elk Ridge Landing, where now there is a 
meadow and a marsh, rather than the channel of a 
river, vessels came for their cargoes of tobacco 
The greater part of this tobacco was still housed 
upon the plantations on which it was raised, await- 
ing notice of shipment. 

9. When this notice arrived, there was great stir 
and activity. The huge and stout hogsheads were 
fitted up with rough shafts, fastened to cleats, in 
which revolved the strong axle-like pins inserted 
in cither end. A single horse was attached, and 
the driver, walking by the side, began to "roll" 
his tobacco to the little port. Some of the roads 
near Baltimore, leading to Elk Ridge Landing are 
still known as " Rolling roads.' 7 

10. Annapolis, which had been erected into a 
port of entry in 1683, continued to increase after 
it had been made the seat of government. In 
1145, the earliest, and, for a long time, the only 
newspaper in the colony was issued. It was called 
the "Maryland Gazette," and was continued, by 
the descendants of the founder, until 1839. The 
early wealth of Annapolis is still shewn in the 

O/T in twenty lots in the year 1732. It was bounded by 
Pitt, now East Fayette street, by Jones' Falls and by French 
street. It was connected with Baltimore by the Gay street 
bridge in 1732, but was not made part of Baltimore until 
1745. 



Questions.— 8. Describe Elk Ridge Landing? 9. The Rolling of 
tobacco ? 10. What is s-aid of Annapolis ? 



District op Columbia. 73 

ancient buildings, many of them displaying by 
their decorations the taste and resources of the 
original owners. 

11 Frederick, for a long time the second city 
of the State, was laid out in 1745. It was made 
county town in 1748, at which time Frederick 
county was formed, having been carved out of 
Prince George's. 

12. Georgetown was laid out in 1751. Falling 
within the limits of the " ten miles square " that 
were ceded to the United States by the States of 
Maryland and Virginia, it has ever since formed a 
part of the District of Columbia. 

13. In 1751, Charles, Lord Baltimore, died, 
having ruled his province, in person or by his gov- 
ernors, for the space of thirty-six years. This 
period was marked by general peace and increas- 
ing prosperity ; it was also full of evidences of the 
unyielding spirit of the people in defending their 
rights, and in the acquisition of new ones. 

14. New counties were added ; the population 
had increased, and the internal resources of the 
province were developed by the establishment of 
factories, mills and furnaces. Domestic wine was 
manufactured as early as 1748. 



Questions.— 11. When was Frederick laid out? When made 

county town? 12. What is said of Georgetown? 13. When did 

the proprietary die, and how long did he govern ? 14. What fur- 
ther is said ? 



H History or Maryland. 



CHAPTER XY. 

Boundary Disputes — Watkins' Point — Disputes with 
Penn — Penn's Grant — The Proprietary will not be 
Robbed — Venn attacks the Charter — Baltimore out of 
favor at Court— The King is Patron to Penn — His 
Expulsion — Settlement Postponed — Mason and Dixo?i's 
Line — Shrewdness of Penn — Virginia Boundary. 

1. Notwithstanding the clearness with which the 
boundaries of the province were laid down in the 
charter, it was nevertheless subjected to great diffi- 
culties about the limits. 

2. The first contest was with Virginia about the 
position of Watkins' Point, on the Chesapeake 
Bay, this being the starting point of the line of 
Southern boundary. After some difficulties be- 
tween the two colonies, the dispute was finally 
adjusted on the 25th of June, 1G68; and the line 
was distinctly indicated and exists as the present 
boundary of the two States. 

3. The most serious difficulty, however, was that 
respecting the Northern boundary. The Swedes 
and Dutch, in 1620, had made a settlement within 
the limits of the present State of Delaware, which 
was included in Baltimore's grant. In 1G81, Wil- 
liam Penn received a grant of territory comprising 

Questions.— 2. What was tfhe first contest about? 3. With whom 
was Uic most serious difficulty? What is said of Penn's grant? 



Dispute with Penn. 75 

twenty-six millions of acres. The Southern boun- 
daries of this tract encroached upon the grant to 
Lord Baltimore. 

4. To further his plans, Penn found it necessary 
to procure a grant of that part of the present State 
of Delaware which was excluded from the original 
grant, namely, the town of New Castle and all the 
territory for twelve miles around it. This grant, 
as well as a release of his rights in Pennsylvania, 
was obtained from the Duke of York, to whom 
had been previously granted, by his brother King 
Charles II, all the territory from the mouth of the 
Connecticut to the shores of the Delaware River. 

5. Penn produced this grant and a letter from 
Charles II, directing the Proprietary of Maryland 
to assent to an adjustment of his Northern boun- 
dary by measuring two degrees from his Southern 
boundary, at the rate of sixty miles to the degree. 
The Proprietary, resting firmly upon the terms of 
his charter, namely, the 40th. degree, declined to 
submit to be robbed of territory which Penn had 
no right to take, and the Duke of York, no right 
to give. 

G. To shake Baltimore's confidence in his char- 
ter, he attacked it by objecting that the Delaware 
settlements had been planted by the Dutch, before 
that charter was granted. The Proprietary at 



Questions. — 4. What did Penn find necessary? From whom was 
it obtained? 5. What did Penn produce? Did the proprietary 
submit? G. How did Penn attack the charter? 



T6 History op Maryland. 

that time was under the displeasure of the crown, 
and upon the king's referring the matter to the 
board of trade, it was decided that Lord Balti- 
more's grant included only "lands uncultivated " 
and inhabited by savages, and that the territory 
along the Delaware had been settled by Christians 
antecedently to his grant, and was not therefore 
included in it. 

7. At the time of this decision, 1685, Lord Bal- 
timore was not in a condition to resist it. Through 
the avarice of the crown, he was threatened with 
a total loss of his whole grant. Where power was 
on one side, and only right on the other, resistance 
would have hastened and ensured his loss of the 
province. 

8. But James II, the patron of Penn and the 
author of the grant, who was now king, was about 
to experience in his own person, how little rights 
are respected when they come in conflict with 
power. He was expelled from the throne, and the 
final settlement of the boundary question was post- 
poned until 1732, when an agreement was entered 
into by the Proprietary, to adopt the border fixed 
by the decree of 1685. 

9. The matter being subject to further dispute, 
it was not until 1766, that Messrs. Charles Mason 

Questions— 6. What was the decision of the board of trade? 
7. What was the condition of Lord Baltimore at this time? 8. What 
advantages had Penn? Why was the settlement postponed? When 
was tiie agreement entered into? 9. Who marked the line agreed 
upon? 



Mason and Dixon's Line. TT 

and Jeremiah Dixon, astronomers of celebrity, in 
England, chosen by the respective Proprietaries 
for the purpose, completed the division line be- 
tween the two provinces. This line is known as 
"Mason and Dixon's," and was marked by setting 
at the end of every mile a stone with the letter P 
and the arms of the Penns, on the north, and the 
letter M, with the escutcheon of Lord Baltimore, 
on the south side. 

10. Thus, after a struggle of more than a cen- 
tury, by the shrewdness of Penn, in availing him- 
self of a mere quibble, a large and fertile territory 
was lost to Maryland. 

11. The last of the boundary disputes has never 
been settled. The charter of Maryland defined 
the western boundary by the meridian passing 
through the first fountain of the Potomac. The 
question arose whether the north or south branch 
of the Potomac was the main head. A glance at 
the map will show that the decision involved a 
large tract of land. Several attempts had been 
made to adjust the line prior to the revolution, and 
in 1766, Virginia recognized the rights of the ter- 
ritory contained within the charter, but it yet holds 
the disputed district. 



Questions— 9. How? 10. How was a large and fertile territory 
lost to Maryland? 11. What was the dispute with Virginia? 



1* 



78 History op Maryland. 



CHAPTER XYI. 

1751-1755 — Frederick, last Lord Baltimore — Eng- 
lish and French War — Claims of each — Bold design of 
the Governor of Canada — Maryland stands aloof — Oppo- 
sition to Arbitrary Demands — Dinwiddle's Perplexi- 
ties — Maryland takes a part — Fort Cumberland — Acts 
of Assembly. 

1. 1*751, Frederick, last of the Lords Baltimore, 
became Proprietary of Maryland. 

2. A contest was now approaching in which 
Maryland was deeply interested. It was the last 
war between the English and French, for dominion 
in the New World. 

3. Immense regions in America were claimed by 
both nations, and each was eager to forestall the 
other by getting possession of them. The most 
desirable of these regions lay west of the Alleghany 
mountains. 

4. The French claimed all this country by 
right of discovery, because in 1673, Father Mar- 
quette, and Joilet, of Quebec, French subjects, 
had passed down the Mississippi in a canoe, as 
far as Arkansas. 

5. The English claimed all land west of the 
Alleghany mountains to the Mississippi. This 
claim was based upon a purchase that had been 

Questions.— 1. Who was the last Lord Baltimore ? 2. What contest 
was now approaching? 3. What were the grounds of this contest? 
4. What was the French claim ? 6. What was the English? 



French Claims. 79 

made by commissioners from Penp.sylvania, Mary- 
land and Virginia, and the Six Nations. The 
Indians had a tradition that this land had been 
conquered by their forefathers. 

6. Such were the foundations of claims which 
plunged two nations into a series of wars ending 
in a loss to England of a great part of her Amer- 
ican possessions, and, to France of the whole. 

7. In furtherance of the French claim, the gov- 
ernor of Canada conceived the bold design of con- 
structing a chain of forts along the Mississippi and 
Ohio rivers, where the English had already estab- 
lished trading posts. 

8. Virginia was chiefly interested in the contro- 
versy. Maryland became involved simply in self- 
defence. The legislature of Maryland stood aloof, 
in spite of the commands of the crown, the remon- 
strances of the governor, and the entreaties of 
Virginia. They declared, however, their deter- 
mination to resist foreign invasion, and contribute 
to the assistance of the neighboring colonies when 
they conceived their necessity required it. 

9. Even in Virginia, which was so deeply inter- 
ested in the controversy, the growing spirit of 
Republicanism led to an opposition to the arbi- 
trary demands of the governor for means to carry 



Questions. — 7. What design did the governor of Canada conceive? 
8. Who was chiefly interested in this controversy? How was Mary- 
land drawn in? Why did she stand aloof at first? What did sh« 
declare? 9. What trouble was there in Virginia? 



80 History of Maryland. 

on the war against the French, when all efforts at 
a peaceful settlement had failed. 

10. Governor Dinwiddie, of that colony, was 
sorely perplexed, and exclaimed, "There appears 
to me an infatuation in all the assemblies in this 
part of the world." He urged the home govern- 
ment to tax the colonies for the benefit of the 
common cause, independently of assemblies. 

11. But the time was come when Maryland was 
compelled to take part in the war. The Virginia 
troops under Colonel Washington had been cap- 
tured by the French and Indians, who, from Fort 
Duquesne, erected on the present site of Pittsburgh, 
poured their savage and plundering bands on the 
unprotected frontiers of Pennsylvania, Maryland 
and Virginia. 

12. The Assembly at Annapolis, in 1754, voted 
supplies and assistance to the Virginians in their 
efforts to reduce this fort. Many of the people 
of the province had, before this, organized compa- 
nies of rangers and frontier guards for the protec- 
tion of the border settlements. A fort had been 
erected at Cumberland, far beyond the settlements, 
which served as a resting point in the expeditions 
undertaken against the French on the Ohio. In 
these expeditions the people of Maryland bore a 



Questions. — 10. What did Dinwiddie exclaim ? What did he urge ? 
11. Why was Maryland now compelled to take a part? 12. What 
did the assembly vote? What had the people already done? 
Where had a fort been erected ? 



General Braddock. 81 

part. Governor Sharpe, of Maryland, was, by a 
royal commission, commander-in-chief of all the 
forces engaged against the French, on the Ohio. 

13. On the 24th of December, 1754, the Gene- 
ral Assembly of Maryland was again convened, 
and passed a law for the levying of troops for the 
ensuing campaign. In the session of February, 
1755, they passed other laws providing for the en- 
ergetic prosecution of the expedition which ended 
so disastrously for the whole country, known as 
Braddock' } s Defeat. 



CHAPTER XVII. 

1755-1758 — Braddock's Defeat — Braddock's Arrival — 
Council at Alexandria — Braddock at Frederick— Arri- 
val of Franklin — Franklin's Suggestions — Braddock" 1 s 
Confidence — Franklin' s Proposition — March oxer the 
Mountains — Baggage — Mutual Disgust — Braddock re- 
jects the Indians and Backwoodsmen — Slow Movements 
— The Contest— The Defeat 

1. Although the expedition which resulted in 
Braddock's defeat belongs more properly to the 
history of Virginia, yet as the disaster involved 



QiK.stious.— 12. Who was commander-in-chief of all the forces? 
13. When did the assembly meet ? What act did ihey pass 1 ' 



82 History op Maryland. 

serious consequences to Maryland, and the story 
is one of peculiar interest, it calls for more than a 
passing notice. 

2. Early in the year, Gen. Braddock, at the 
head of a strong body of troops, embarked for 
the colonies. On his arrival at Alexandria, a 
council of colonial governors was summoned to 
meet him at Annapolis, on the 3d of April. Gen. 
Braddock, Gov. Dinwiddie, and Commodore Kep- 
pel, arrived at Annapolis, where they were shortly 
after joined by the governors of Massachusetts, 
New York and Pennsylvania. 

3. The place of meeting having been changed, 
these gentlemen, together with Gov. Sharpe, of 
Maryland, proceeded to the General's head-quar- 
ters at Alexandria. 

4. In the council three expeditions were deter- 
mined on : the first, against Fort Duquesne, under 
Braddock himself, reinforced by the Maryland and 
Virginia levies; the second, against Niagara and 
Fort Froutignac ; and the third, against Crown 
Point, 

5. Gov. Sharpe immediately proceeded to Fred- 
erick, where a portion of the army was already 
quartered. He was joined here by Gen. Braddock, 
who had left Alexandria, on the 20th of April. 
Braddock intended to remain at Frederick, until 



Questions. — 2. When did Braddock embark for the colonies? 
What council was held? 3. Where did they adjourn to ? 4. What 

expeditious were determined upon? 5. What delayed Braddock? 



Franklin. 83 

his stores should be forwarded to Fort Cumber- 
land. The Virginia contractors having failed to 
fulfil their engagements, his stay at Frederick, 
very much to his chagrin, was protracted beyond 
his expectation or his patience. He was com- 
pelled to send round the country to buy food and 
cattle for the subsistence of his troops. 

6. While Braddock was venting his spleen 
against army contractors, Benjamin Franklin ar- 
rived at Frederick. He came ostensibly in the 
character of Post Master General, to arrange for 
the transmission of dispatches, but in reality was 
sent by the Assembly of Pennsylvania to concili- 
ate Braddock, who, they understood, was incensed 
against them. 

7. Notwithstanding the entire confidence Brad- 
dock had in himself and his regulars, Franklin, 
relying upon his better knowledge of the difficulties 
of the country, and the peculiarities of Indian war- 
fare, modestly observed to the general, that if he 
arrived before Fort Duquesne, with his troops and 
artillery, the fort could probably make but a short 
resistance, but that he himself feared the ambus- 
cades of the Indians. 

8. Braddock smiled at what he thought Franklin's 
ignorance, and replied : " These savages may indeed 



Questions.— a. "What was he compelled to do? G. Who joined 
Braddock at Frederick? For what purpose had he been sent? 
7. What suggestions did Franklin make? 8. How did Braddock 
receive the suggestions ? What did he reply? 



84 History op Maryland. 

be a formidable enemy to raw American militia, 
but upon the king's regular and disciplined troops, 
sir, it is impossible for them to make any impres- 
sion." 

9- During his stay at Frederick, he was joined 
by George Washington, then Colonel, whom he 
had invited to join him as aid-de-camp. It was 
to the skill and courage of Washington, that the 
remnant of the army owed its preservation. 

10. As the whole delay of the army was caused 
by the want of wagons and teams, the few in the 
neighborhood of Frederick having been all im- 
pressed, and found insufficient, Franklin, one day, 
expressed his regret to the general that he had not 
landed in Pennsylvania, where almost every farmer 
owned a wagon. 

11. Braddock immediately commissioned Frank- 
lin to contract for one hundred and fifty wagons, 
and a proper supply of draught and saddle horses. 
The reluctant Pennsylvania farmers, however, would 
not yield their property without the further secu- 
rity of Franklin's personal responsibility. 

12. On the 10th of June, Braddock set off from 
Fort Cumberland. The march over the mountains 
proved a tremendous affair. Owing to the difficul- 
ties of the way, the line of wagons and troop3 often 

Questions.— 9. Who joined him at Frederick? What is said of 
Washington? 10. What caused the delay? What did Franklin 
say? 11. For how many wagons did he order him to contract? 
What did the farmers require ? 12. When did Braddock start 
from Cumberland? What of the march? 



Mutual Disgust. 85 

extended for three or four miles. Washington was 
outraged at the number of wagons required for the 
baggage and luxuries of the officers, — backwood's 
campaigning admitting only what could be carried 
in a portmanteau. He thought that men who 
required so much for their comfort, could hardly 
be efficient in the field. On the other hand, the 
British officers were disgusted at the "languid, 
spiritless, unsoldier-like appearance" of the colo- 
nial levies, " which gave little hope of future good 
behavior." The sequel proved how much de- 
ceived both parties were in their estimate of each 
other. 

13. Braddock, in his blind confidence in his 
regulars, rejected the aid of Indians and back- 
woodsmen, acquainted with Indian warfare, saying, 
he had " experienced troops on whom he could rely 
for all purposes." 

14. The military education of Braddock was in 
his way. He could not adapt himself to the na- 
ture of circumstances in which he was placed. — 
Hence his march was exceedingly slow, sometimes 
not advancing more than twelve miles in four days. 
Although a stranger to fear, he was charged at 
home "with not marching as if at all impatient 
to be scalped." 



Questions.— V>. What Were Washington's feelings? At what 
were the British disgusted? 13. What is said of this section? 
14. What was in Braddock's way ? What was the result ? 



86 History of Maryland. 

15. In this march Washington saw enough of 
British regulars to have his confidence in them 
shaken, when it should come to wild bush-fighting. 
He ventured to suggest that the Virginia rangers, 
being accustomed to the country and Indian war- 
fare, might be thrown in advance. The veteran, 
indignant that a young provincial should presume 
to make a suggestion to him, gave him only an 
angry reply. 

1G. On July 9th, the army was in the neighbor- 
hood of the fort, marching " as if in a review in 
St James' Park," without having sent out scouts 
or rangers in advance, when suddenly was heard a 
quick and heavy firing in front. The van of the 
advance had been taken by surprise ; a murderous 
fire broke out from among trees and a ravine on 
the right, and the woods resounded with unearthly 
whoops and veilings. 

17. A perfect panic seized the troops, all orders 
were unheeded ; in their fright they shot at ran- 
dom, killing their own troops. In a short time 
most of the officers and many of the men of the 
advance were killed or wounded. The advance 
fell back upon the working party, which was equally 
dismayed, and which, together with the advanced 
party, fell back upon the reinforcement sent up, 
and all was now confusion. 



Questions.— 15. What did Washington suggest? How was it re- 
ceived? 1C. What is said in this section? 17. Describe the panic? 



The Defeat. 87 

18 When the general came upon the ground, 
he tried to rally the men. "They would fight," 
they said, " if they could see their enemy ; it was 
useless to fire at trees and bushes, and they could 
not stand to be shot down by an invisible foe." 

19. The Virginia troops scattered themselves, 
and took post behind trees. In this way they, in 
some degree, protected the regulars. Braddock 
would not consent to depart from the system lie 
had been trained in, and, instead of adopting the 
same plan, insisted upon forming his troops in pla- 
toons. The result was they were cut down as fast 
as they could advance. 

20. The bravery of the officers was now seen. 
Their courage seemed to kindle with the thicken- 
ing horrors-. In the vain hope of inspiriting their 
men, they would dash forward singly or in groups. 
They were invariably shot down. 

21. Washington was the only aid left alive. lie 
was sent to the main body to bring the artillery 
into action. The men who served the guns were 
paralysed. Had they raked the ravine with grape 
shot the day might have been saved. But the men 
could not be kept to the guns. 

22. Braddock was undaunted ; five horses had 
been killed under him, still he kept his ground, 



Questions.— 18. What did the general try to do ? What did the 
men reply? 1!). What did the Virginia troops do? What Brad- 
dock? '20. What is said of the bravery of the officers? 21. What 
is said of Washington ? What of the men ? 22. What of Braddock ? 



88 History op Maryland. 

vainly endeavoring to check the flight of his men. 
At "length a bullet passed through his right arm, 
and lodged itself in his lungs, inflicting a mortal 
wound. 

23. The rout now became complete. Out of 
eighty-six officers, twenty-six had been killed, and 
thirty-six wounded. The rank and file lost up- 
wards of seven hundred. The Virginia corps 
suffered most, one company had been almost anni- 
hilated — another had lost all its officers, even to 
the corporal. 

24. The victorious force of the enemy consisted 
only of thirty Frenchmen and three or four hun- 
dred Indians, of whom seven Indians and four 
Frenchmen were killed. 



CHAPTER XVIII. 

1755-1758 — French and Indian War Continued — 

Terror and Desolation — Plantations laid Waste — 

Panic — Expedition against Fort Duquesne — Grant's 

■ Bravado and Defeat — Gallantry of Marylanders — 

Abandonment of the Fort by the French. 

1. A period of terror and desolation ensued — 
the settlements were attacked and broken up. The 



Questions. — 23. Describe the rout? 24. What did the victorious 
force consist of? 1. What is said in this section? 



Terror. 89 

outposts were driven in, and some of the smaller 
posts captured, and their garrisons massacred. — 
The panic spread even to the bay shore. Many of 
the inhabitants from the interior fled to Baltimore. 
Preparations were made by the citizens of that 
town to embark their women and children on board 
of vessels, preparatory to a flight to Virginia ; 
while some of the Virginians even believed there 
was no safety short of England itself. 

2. As soon as the disastrous intelligence of Brad- 
dock's destruction reached Annapolis, Governor 
Sharpe set out for Frederick ; the militia were 
called out, and volunteers were raised. 

3. In this disastrous year, more than twenty 
plantations were laid waste, and their occupants 
massacred or carried into captivity. In Novem- 
ber, it was reported that a body of French and 
Indians were within thirty miles of Baltimore, and 
immediately two thousand men assembled to meet 
their advance. 

4. Even the people of Annapolis, far removed 
as they were from the frontiers, caught the infec- 
tion, and began to fortify their town. The excite- 
ment was allayed by the return of several volun- 
teers from the West, who reported affairs as in a 
better condition. 



Questions.— I. How far did the panic extend? 2. Gov. Sharpe's 
movements? 3. What is said of the ravages of the Indians? 
4. What of Annapolis? 

• 8* 



00 



History op Maryland. 



5. Fort Cumberland being so far from the fron- 
tier, was found to afford no protection. Governor 
Sharpe, therefore, selected a site for a new fort, 
near the present town of Hancock, to be called 
Fort Frederick, which was read}' for the reception 
of troops by the middle of August, 1756. 




Ruins of Fort Frederick. 

6. Provision having thus been made, the confi- 
dence of the people to the westward was somewhat 
restored. But the petty warfare of posts and 
defensive expeditions, while it exhausted the force 
of the colony, could produce no permanent results. 

7. The neighboring colonies of Virginia and 
Pennsylvania, at length, with that of Maryland. 
became convinced that the only way to protect 



Questions.— 5. What new site for a fort was selected ? C. What is 
Baid in this section? 7. Of what were the colonies now con- 
vinced? 



Active Measures. 91 

their frontiers was by expelling the enemy from 
their stronghold. 

8. It was hoped by the colonies that active and 
energetic measures would now be taken. Virginia, 
which was most interested, had one regiment in the 
field. The forces of Maryland amounted to five 
hundred men, aided by Indian allies, under Col. 
Dagworthy. 

9. In September, H58, an advanced body hav- 
ing proceeded about ten miles beyond Laurel Hill, 
Major Grant, with a body of more than eight hun- 
dred men, consisting of three hundred and thirty 
Highlanders, one hundred royal Americans, one 
hundred and seventy-six Virginians, ninety-five 
Maryland, one hundred and twelve Pennsylvania, 
and thirteen Carolina troops was detached to re- 
connoitre. 

10. In the night, unobserved by the French, 
Grant took a post upon a hill about eighty rods 
from Fort Duquesne, and in the morning, by way 
of bravado, beat the reveille, and sounded the bag- 
pipes in several places. 

11. As soon as the English were discovered, 
the Indians sallied out from the fort, and having 
reached a height that overlooked Grant's position, 
surrounded him and commenced the attack. 



Qucstioiis.— 8. What forces were now in the field? 9. What 
is said of Grant? 10. What further? 11. What did the In- 
dians do? 



92 History op Maryland. 

12. The Highlanders, suffering from the deadly 
fire, at length gave way. The Maryland troops, 
joined by the Carolinians, took cover in bushes 
and behind trees, and keeping the enemy at bay, 
sustained the action. The Virginians were two 
miles behind guarding the baggage; as soon as 
the action began they hastened up to the assist- 
ance of Grant, but were unable to maintain their 
ground. The English were defeated with a loss 
of two hundred and seventy-three killed, and forty- 
two wounded. 

13. The Marylanders behaved with great gallan- 
try, and, although they suffered severely, succeeded 
in covering the retreat of the remainder of the 
troops. Out of ninety-five men, their loss was 
twenty-three privates and one officer. 

14. The main body was still toiling on its way, 
and did not reach the scene of the conflict until a 
month after the battle. It was determined to de- 
fer any attack until the next campaign. But the 
enemy were not so slow The troops from the fort, 
with the Indians, to the number of one thousand 
men, attacked the English on the 12th of October. 
After a hard fight, they were repulsed. Lieut. 
Prather, of Maryland, was killed. 



Questions.— 12. What the Highlanders? Who kept the enemy 
at bay? What about the Virginians? 13. How did the Mary- 
landers behave? 14. What about the main body? Who attacked 
it? Result? 



Defeat op French and Indians. 93 

15. After this battle, several skirmishes ensued. 
In one of these, Capt. Evan Shelby, of Frederick 
county, killed, with his own hand, one of the lead- 
ing chiefs of the enemy. 

16. The Indians now abandoned their allies, and 
left the fort, saying it was an easy matter to deal 
with the regulars, but impossible to withstand the 
provincials. On the 22d of November, after a 
painful march, the English succeeded in reaching 
Fort Duquesne, which they found had been aban- 
doned and burnt by the French. A new fort was 
built, named Fort Pitt. 

17. Gov. Sharpe, in sympathy with the joy that 
filled the colony, appointed a day of public thanks- 
giving and praise. The Assembly appropriated 
money to be divided among the brave men who 
had served in their forces. 

18. From this time, Maryland had little concern 
in the war, and the principal features of its history 
are of a pacific and legislative character. Yet that 
legislative history is full of interest, for it is the his- 
tory of that continuous struggle for the rights of 
the people, that led eventually to the war of the 
Revolution. 



Questions.— 15. Who was killed? 16. What did the Indians do? 
When did the English reach the fort? What did they find? 
17. What is said in this section? 18. And what in this ? 



94 History op Maryland. 



CHAPTER XIX. 

The Days before the Beyolution — The Democratic 
and the Aristocratic Elements — Claims of Vie Tico 
Houses — Peace — Debt — Condition of Mainland — Influ- 
ence of the French War — The Old Controversy Revived 
— Preparatory Steps to the Stamp Act. 

1. The Charter of Maryland contained the germs 
of two contending principles — the aristocratic and 
the democratic. From the earliest period of its 
history, there had been contests between the par- 
ties representing these principles. 

2. The result of the contest, in every stage, was 
in favor of the democratic element. The spirit of 
the people, and the necessities of the times, contri- 
buted to its vigorous growth. The contest was 
now verging to its final issue. 

3. The representatives of the people, who sat in 
the lower house, insisted upon the right to frame 
and amend bills for raising money. The upper 
house, consisting of the governor and his council, 
claimed for themselves a share in the imposition of 
taxes. 

4. As long as danger was threatening the exist- 
ence of the colony, the commons did not insist upon 



Questions.— 1. What is said of f he charter? 2. What was the re- 
sult of every contest? 3. Upo«r and lower houses? 4. What was 
the claim of the commons*' 



Peace. 95 

their claim, but when the war was over, they planted 
themselves firmly upon their old position — " that 
the people could only be taxed by their own con- 
sent." 

5. Peace was declared in 1763, and the French 
colonies were ceded to England. But to counter- 
balance this acquisition, she found herself laboring 
under a heavy war debt. To aid her in managing 
this, she turned her eyes towards the colonies, all 
of whom, excepting Maryland alone, which had re- 
sisted, had been compelled to furnish requisitions. 

G. The condition of Maryland was prosperous. 
In 1761, its population amounted to 164,000 per- 
sons. The greatness of its resources was undis- 
puted. Its people were frugal and industrious, 
and had spread themselves almost to the utmost 
limits of the province. Its physical features made 
it peculiarly fitted for commerce and navigation ; 
its soil was rich, and exuberantly productive to the 
labor of the husbandman and planter. This con- 
dition of prosperity being shared by the other 
colonies, England determined to avail herself of 
their increasing wealth to replenish her own ex- 
hausted coffers. 

7. Disastrous as the French war apparently was 
to the colonies, it was not without great advan- 
tage to them. The spirit of independence and 



Questions.— 5. When was peace declared? What was the condi- 
tion of England? 6. Condition of Maryland? Character of her 
people? What further is said? 7. Influence of French war? 



96 History op Maryland. 

self-reliance had had time to grow, and opportuni- 
ties to develop itself. With an active and watch- 
ful enemy ready to seize upon the colonies, England 
was too dependent upon them to offend them. — 
She, therefore, in a measure, closed her eyes to the 
growing spirit of independence, while the colonies 
learned their power to maintain that spirit. 

8. Now that the war was over, England on the 
one hand was determined to make the colonies feel 
her authority, and the colonies, on the other, re- 
solved to re-assert their old rights. It was a con- 
test for supremacy on one side, and for freedom on 
the other. 

9. In 1763, the English government began to 
take preparatory steps. The Prime Minister gave 
notice to the colonies that, at the ensuing session 
of Parliament, he intended to propose a duty on 
stamps for the purpose of raising a revenue from 
the provinces to defray the expenses of the war. 
The colonies had always insisted that they should 
not be taxed without their own consent. The 
Minister hoped they would propose a compromise, 
and thus commit themselves to an abandonment of 
their principle by negotiating instead of resisting. 

10. In the session of Parliament which followed, 
a resolution to the same effect was adopted, but 
not yet executed. The trade of the colonies was 



Questions.— 7. Effect upon mother country? 8. What contro- 
versy now arose? 9. What steps did the English government 
take? 10. What is said in this section ? 



Stamp Act. 01 

interfered with and injured. Bnt all this, instead 
of arousing the spirit of compromise, had the con- 
trary effect. The indignation of the people was 
aroused. They saw the design was to deprive 
them of their liberties and make them the mere 
subjects of the British Parliament. 



CHAPTER XX. 



Stamp Act — Stamp Act Imposed — Maryland Assembly 
Prorogued — No Stamps in Maryland — Protest of As- 
sembly — Treatment of Hood — Acts of Assembly — 
Frederick County Court — "Sons of Liberty" — Repeal 
of Stamp Act. 

1. On the 22d of March, 1765, the Stamp Act 
was finally passed. The interval between its first 
proposal and final passage had enabled the people 
to gather their energies for universal resistance. 

2. In open manifestation Massachusetts and "Vir- 
ginia took the lead, but the silence of Maryland 
was not the result of lukewarmness. Her assembly 
was disabled from declaring its hostility to the 
measure, as its meeting was prevented by proro- 
gation. 



Questions.— 1. When was the stamp act imposed? 2. Why could 
not Maryland declare her hostility? 

9 



98 History op Maryland. 

3. It is the proud boast of Maryland that her 
soil was never polluted by the obnoxious stamps. 
In unanimity, firmness and success, she exceeded 
all the other colonies. The Assembly could not 
speak until September, 1765, when it solemnly 
protested against the measure, and indignantly 
complained that they had for two years been de- 
prived of the power of publicly declaring their 
lasting opposition. 

4. The people of the colony, however, had pre- 
viously taken the matter in their own hands. — 
Hood, a native of Maryland, was appointed stamp 
distributor for the province. On his arrival at 
Annapolis with the stamps, there was a great ex- 
citement. The people would not suffer him to 
land ; the vessel was compelled to draw off, and 
land Hood secretly, at another time and place. 
The country people gathered into the city, pre- 
pared to show their detestation of the man who 
could consent to become the instrument in enslav- 
ing his own country. 

5. The people not only refused to buy his goods, 
which he offered at reduced prices, to secure favor, 
but they even destroyed the house in which he was 
to place them, lest it should also be a depository 
for the hated stamps. Having insulted him in 
various ways, they at length threatened personal 



Questions.— 3. What is the boast of Maryland? When did the 
assembly protest? 4. How had the colony shown its hostility? 
6. What was Hood compelled to do? 



Frederick County Court. 99 

Ti'olence. He fled for refuge to the governor, who 
could not protect him from popular fury. He then 
escaped to New York, but was followed even there 
by a number of daring spirits, who compelled him 
to renounce and abjure forever, under oath, his 
office and the exercise of its functions. 

G. When the Assembly met, it made a. solemn 
declaration of their rights, which the people had 
vindicated, by measures in which the principal men 
in the province had borne a part. The Assembly 
appointed representatives to the " Congress of 
Deputies," and instructed them to see that what- 
ever petition was presented to the English govern- 
ment, it should contain an assertion of the right of 
the colonies to be free from taxation "save by their 
own consent, or that of their representatives, freely 
chosen and appointed." 

7. The law had made stamps necessary in many 
business transactions ; for a time, therefore, there 
was a cessation of business. The Frederick county 
court had the high honor of first deciding, in a 
legal manner, the unconstitutionality of the stamp 
act. In the public offices at Annapolis, however, 
business still continued to be interrupted. The 
officers hesitated to treat the law as a nullity, and 
feared to attempt its enforcement. 

8. To meet this difficulty the inhabitants of Bal- 
timore and the adjoining country formed themselves 

Questions— v. What did the assembly do? 7. What court made 
the first decision? 8. What did the people of Baltimore and the 
country do? 



100 History of Maryland. 

into an association, called * The Sons of Liberty," 
and adjourned to meet at Annapolis. They came 
together in great strength and compelled the courts 
and public offices to be kept open, without the 
stamps. Business was again renewed, and the 
stamp act, though still unrepealed, was a dead 
letter in Maryland. 

9. In 1766, the obnoxious act, long since dead 
in all the colonies, and never enforced in Maryland, 
was repealed. The House of Delegates did not 
fail to express their sense of gratitude to those 
who had, in the British Parliament, proved them- 
selves the friends of the colonies. They decreed a 
statue of marble to Chatham, and a portrait by 
some eminent hand to Lord Camden, but through 
the action of the upper house, the decree was 
never carried into effect. 



CHAPTER XXI. 



The Duty on Tea— Tax on Tea, $c. — Massachusetts' 
Circular — Non-Importation — The "Good Intent" — 
Alarm of the British Ministry — Defection of other 
Colonies. 

1. The English government still clung to the 
idea of raising a revenue from the colonies. But 

Question?.— 9. When was the stamp act repealed? How did the 
House of Delegates show their gratitude to the friends of the 
colonies? h Hoiv did the English government now proceed? 



Massachusetts' Circular. 101 

they determined to proceed in a more cautious 
manner. A tax, under the specious pretence of 
regulating commerce, was laid on tea, paints, glass 
and paper, imported into the colonies. 

2. The old spirit of resistance broke out ; the 
press teemed with appeals to the public ; and the 
colonists were soon prepared to meet it, as they 
had met the stamp tax. The Legislature did not 
assemble until the 24th of May, 17 G8, but public 
opinion had already settled its course. Instruc- 
tions had been received by the various governors 
to dissolve the assemblies of their provinces, if they 
manifested any disposition to unite in measures of 
opposition. 

3. But the Assembly of Maryland was too wary 
to be thus circumvented. It prepared its measures 
in advance. Massachusetts had issued a circular 
advising the sister colonies to frame petitions to 
the crown. The Assembly took into consideration 
the Massachusetts circular, and appointed a com- 
mittee to draft a petition to the king. 

4. The governor warned them that they would 
be prorogued if they persisted. Without reply or 
delay, they instantly adopted the petition, passed 
a series of resolutions, which they had already 
framed ; and, having taken every step the occa- 
sion demanded, drew up a sharp reply to the gov- 



Qucstions. — 2. What is said of the press? Instructions to gov- 
ernors? 3. What had the Assembly of Maryland done i i. What 
further took place? 

9* 



102 History of Maryland. 

ernor, stating their readiness to be prorogued. — 
They were accordingly dissolved. 

5. The colonists were not yet prepared for an 
appeal to arms. Having tried petition and remon- 
strances, they determined to resort once more to 
" non-importation " which had been introduced in 
the days of the stamp act. 

6. At an early period of the struggle, county 
associations had been formed in Maryland. For 
the purpose of united action, it was now deemed 
expedient to embody them together. On the 20th 
of June, 17 G 9, the people assembled at Annapolis, 
and entered into articles of non-importation of 
British superfluities, for promoting frugality, econ- 
omy and the use of American manufacture. 

7. In the beginning of the ensuing year, the 
spirit of the associators was put to the test. " The 
Good Intent," a British bark, arrived in the harbor 
of Annapolis, with a cargo of obnoxious articles. 
It was resolved that the goods should not be 
landed, and the bark was compelled to return to 
London with her whole cargo. 

8. Long before the destruction of tea in Boston 
harbor by disguised men, the patriots of Maryland, 
calmly, openly and in the presence of the governor 
and the provincial officers, discussed and set at 



Questions. — 5. To what did the colonies now resort? C. What 
is said of county associations? Of the meeting at Annapolis? 
7. What test of their determinations did they now have? S. What 
is said in this section ? 



Pay op Public Officers. 103 

defiance this obnoxious act, and more effectually, 
though more peacefully, prevented its execution. 
9. The British merchants sent no more pro- 
hibited goods to Maryland ; and the ministry, 
alarmed at the opposition, promised the repeal of 
the duty on all articles except tea. While Mary- 
land stood firm, the other colonies began to give 
way. New York deserted the association ; Phila- 
delphia followed. Several merchants of Baltimore 
requested the associators to consider the matter. 
Delegates from all the counties met at Annapolis, 
but so far from yielding their consent, they de- 
nounced both the proposition and its authors. At 
last, Boston gave up the system. Maryland never 
abandoned its pledge. 



CHAPTER XXII. 



The Proclamation and the Vestry Act — Pay of 
Public Officers — Tithes — Expiration of the Law — Pro- 
clamation — Parly Spirit — Dulany and Carroll. 

1. The public officers did not receive regular 
salaries, but were paid by fees given for each 
service performed. The profits of some officers 
became enormous, and the people became restlessj 
under these exactions. 



Questions.— 9. What did the ministry promise? What is said of 
Maryland? Did Boston yield? Did Maryland? 1. What is said 
of the pay of public officers i 



101 History of Maryland. 

2. There was also another burden. The clergy 
of the Church of England, which had been estab- 
lished by law, were supported by tithes, or taxes. 
The rate was, at first, forty pounds of tobacco a 
head, afterwards, thirty pounds. As the popula- 
tion increased, the income of the parishes became 
enormous. 

3. In the spirit of opposition to unjust burdens, 
these too did not escape. The legislature endea- 
vored to diminish the amount of the fees, and 
obtain other reforms. The House of Delegates, 
having ordered the arrest of a clerk for taking 
illegal fees, was prorogued by the governor. 

4. The law that gave the clergy thirty pounds 
of tobacco a head, instead of forty, having expired, 
they claimed that the old law was in force, and the 
governor issued a proclamation fixing the old rates 
of fees. 

5. The intolerant spirit which had cheerfully 
sustained the tax for the support of the clergy, as 
a weapon of offence against non-conformists, was 
now passing away. The clergy moreover being 
appointed by the governor, the sympathies, there- 
fore, as well as the interests of that body, were 
likely to be with the governor and his party, who 
were the representatives of arbitrary power. 



Questions— 2. What other burden? 3. What did the legisla- 
ture endeavor to do? 4. What law expired? What did the 
clergy elaifia? What proclamation? 5. What is said in this 
section ? 



Daniel Dulany. 105 

6. The people, therefore, were generally opposed 
to the clergy, and as they never would submit to 
the exercise of arbitrary power, the proclamation 
at once roused up all the fire of " The Sons of 
Liberty." 

T. Parties were immediately formed. The gov- 
ernor, officials, and their adherents, formed one 
party; the body of the people, headed by the 
lawyers, the other. Great excitement prevailed ; 
public opinion was appealed to in every mode. 

8. Prominent among the disputants were the 
leaders of the two parties. That of the party of 
privilege, was Daniel Dulany, at that time the most 
eminent lawyer in the province, who also had done 
the people good service in the days of the stamp 
act, but who now formed an exception to his class, 
which was all with the people. He held the most 
lucrative office, and resisted every attempt to in- 
fringe upon the profits of place. The leader of 
the popular party was a young man, spirited, 
wealthy, and highly educated, one of the brightest 
in the galaxy of bright names that have shed lustre 
upon the history of Maryland — Charles Carroll of 
Carrollton. 



Questions. — 6. What was the effect of the proclamation ? 7. What 
parties were formed ? 8. Who were the leaders ? 



106 



History of Maryland. 



CHAPTER XXIII. 

Charles Carroll of Carrollton — Birth and Educa- 
tion — Return to Maryland — First entrance into Public 
Life — "First Citizen 7 ' — Dulany — Triumph of Carroll. 

1. This eminent 
man, and intrepid 
champion of liber- 
ty, was descend- 
ed from a family 
which had settled 
in the province be- 
fore the revolution 
of 1689. He was 
born at Annapolis 
in 1137, and at 
eight years of age 
was sent to France 
to be educated. 

Charles Carroll, of Carrollton. 2. At the age of 

twenty he commenced the study of law in London. 
He returned to Maryland in 1*764, just in time to 
enter into the strife which his countrymen were 
waging against tyranny. As he was a Roman 
Catholic, he was numbered among the disfran- 
chised. But this personal injustice, while it ex- 
cluded him from the councils, did not prevent him 
from sympathising in the wrongs of his people. 




Questions.— I. Birth and education? 2. Why disfranchised? 



Charles Carroll. 107 

3. His first entrance into the conflict was his 
opposition to the stamp act, and the taxation of 
commerce. But now he had to deal with a power- 
ful and skilful adversary. Mr. Dulany was his 
equal in education, his superior in age, experience 
and reputation; in fine, with all the odds in his 
favor. 

4. Trusting, however, in the justice of his cause 
and the integrity of his purpose, Carroll did not 
hesitate to enter into the contest. The dispute 
was carried on under the names of " First Citi- 
zen 1 '' and " Antilore," Carroll adopting the first 
name. 

5. The way by which "he came to adopt this 
singular title was as follows : Dulany had written 
a dialogue, as if held by two citizens, and, instead 
of giving them names, he called them " First Citi- 
zen" and " Second Citizen." He so managed this 
supposed discussion that the " First Citizen," who 
was meant to represent the party opposed to the 
proclamation, was defeated in the argument. Car- 
roll assumed the name of the "First Citizen," and 
carried on the dialogue with more justice to the 
side represented by that character. 

6. Dulany found a foeman worthy of his steel, 
and the man of straw which he had made proved a 



Questions. — ?,. What was his first entrance into the conflict? 
Who was his opponent? 4. What name did he adopt? 5. How 
came he to adopt it? C. Who was his opponent? 



108 History of Maryland, 

giant in his path. Though attacked with invec- 
tive, and taunted with that, which if not his glory 
was their shame — "that he was a disfranchised 
man, and could not even vote at an election, 1f — 
Carroll calmly fought the fight of liberty, and 
triumphed. 

7. fle triumphed with the people ; he lived to 
see them free, and great, and prosperous. He was 
the last survivor of the noble band of patriots who 
signed the Declaration of Independence, and when 
he died, in the ninety-sixth year of his age, the 
tears not only of Maryland, but of the American 
people flowed for him. 

8. The election that took place in the midst of 
all this excitement, resulted in the complete success 
of the popular party. The people acknowledged 
their gratitude to their able champion. They 
could not select him as their delegate, for though 
the champion of their liberty, he was himself en- 
thralled. But, in accordance with instructions 
given by the people in public meetings held in 
Frederick, Baltimore and Annapolis, the delegates 
presented the thanks of the people to " The First 
Citizen/ 7 



Questions.— 7. What is said of his triumph? 8. What party suc- 
ceeded at the election ? How did the people shew their gratitude 
to Carroll ? 



Tax, the Badge of Servitude. 



109 



CHAPTER XXIY. 

1778-4— Revival of the Tax on Tea — Tax, the Badge 
of Servitude — The right to Tax, not the Amount, the 
matter of Dispute — Convention — Aid' to Boston — Burn- 
ing of the Tea at Annapolis — Characteristics of this Act 



1. During all 
these excitements, 
the colony had 
been free from the 
difficulties with 
the mother coun- 
try, which so agi- 
tated the Northern 
colonies. From 
the nature of the 
Proprietary gov- 
ernment, the crown 
State House, Annapolis. could not exercise 

any control over the affairs of the province ; it was 
therefore free from many of the dissensions arising 
under the royal governments. 

2. But Maryland was not less ready to contend, 
when a principle was at stake. The tax on tea 
had not yet been repealed, but the hatred to it, 
for it was the badge of servitude, kept the people 




Questions— 1. From what had the colony been free ? Why 
2. What is said of the tax on tea? 

10 



110 History of Maryland. 

faithful to their pledge that they would not use the 
article. 

3. Great quantities of tea, therefore, accumu- 
lated in the store-houses of the East India Com- 
pany, and their business was interferred with. The 
English government offered the company to pay 
them back the duty on all tea which they exported 
to the colonies. This would enable the company 
to sell the tea as cheap in the colonies, with the 
tax added, as they sold it in England ; and at the 
same time the government would not be giving up 
their right to impose the tax. 

4. But it was about the right to impose the tax, 
and not the price of tea, that colonists were con- 
tending, and they were too shrewd to be deceived. 
The duty on tea was the badge of English suprem- 
acy, and they never consented to wear it ; they 
knew too, that the most successful resistance is 
that which is prompt, and they acted accord- 
ingly. 

5. Public meetings were held, and resolutions 
adopted to prevent the landing of the tea. In 
Charleston, it was landed, but never exposed for 
sale; the vessels containing it, that arrived in New 
York and Philadelphia, were compelled to return. 
In Boston, the tea was thrown overboard by psr- 
sons disguised as Indians. 

<— 8. What did the Ei . iment propose? 4. Why 

did not the c Dies at jede ? 6. What was done to the tea in dif- 
ferent i 



Maryland Convention. Ill 

6. The people of Maryland called for a conven- 
tion. This body proposed an absolute cessation 
of all intercourse with the mother country, and 
directed subscriptions to be made for the relief of 
the Bostonians, who were suffering the vengeance 
of the thwarted and enraged government. This 
was the second time Massachusetts had experi- 
enced the generosity of Maryland. The first, was 
on the occasion of a disastrous fire in Boston, 
when the governor of Maryland ordered collec- 
tions to be made in all the churches, for the relief 
of the sufferers. And it was done. 

7. In August, 1774, the brigantine "Mary and 
Jane," arrived in the St. Mary's river, with tea on 
board for merchants in Georgetown and Bladens- 
burg. The committee of Charles county summoned 
the master, and one of the consignees to appear 
before them. But as the tax had not been paid, 
they were discharged upon their pledge that the 
tea should not be landed, but sent back to Eng- 
land. The committee of Frederick county pursued 
a similar course with the consignees at Georgetown. 

8. Every child is familiar with what is called 
14 the tea party of Boston," but an affair equalling 
it in every respect was transacted at Annapolis, 
namely, the tea-burning — open and undisguised, 
shewing the high toned and manly trait that has 



Questions.— G. What did the people of Maryland do? What assist- 
ance did they render Massachusetts? 7. What vessel arrived with 
tea ? What was done? 8. What is said in this section ? 



112 History of Maryland. 

always characterized a true Marylander — a willing- 
ness to assume the responsibility for all he does, 
and to abide the consequences. 

9. On the 14th of October, the brig Peggy 
Stewart, arrived at Annapolis, having in its cargo 
a few packages of tea. The duty was paid by the 
owner of the vessel. The people were outraged 
at the attempt to fix upon them the badge of ser- 
vitude, by the payment of the tax. 

10. A meeting was held, at which it was deter- 
mined that the tea should not be landed. The 
owner, fearing further trouble proposed to destroy 
the tea. But that was not sufficient punishment. 
The offence was a grave one, for had this attempt 
succeeded, it would have been followed by others 
more aggressive, and thus the very principle which 
was contended for, would have been overthrown in 
the end. It was the head of the ugly beast that 
was thrust in the door, and it must not only be put 
out, but driven out by blows, lest growing bold it 
should push its whole body in 

11. After much discussion, it was proposed to 
burn the vessel. The meeting did not consent 
to this, but many expressed their determination 
to raise a force to accomplish the brig's destruc- 
tion. 



Questions.— 9. What other vessel arrived? What had the owner 
donp ? Feelings of the people? What was the payment of the tax 
regarded as? in. What was determined? What did the owner 
propose ? 11. What was proposed at the meeting ? 



Burning of Tea. 



113 



12. Acting under the advice of Mr. Carroll of 
Carrollton, the owner seeing that the loss of his 
property was certain, and willing to repair his good 
name, even by that loss, proposed to destroy the 
vessel with his own hands. In the presence of the 
assembled multitude, he set fire to it with the tea 
on board — expiating his offence by the destruction 
of his property. 




Burni! * a the Tea, Annapolis Harbor. 
13. The striking features of this transaction, 
were not only the boldness with which it was exe- 
cuted, but the deliberation and utter carelessness 
of concealment in all the measures leading to its 
accomplishment 



Questions.— 12. What did the owner now propose? 13. What wen 
the striking features of this act? 



10= 



114 . History of Maryland. 



CHAPTER XXV. 



The Last Proprietary — First Continental Congress — 
Attachment of Maryland to the family of Baltimore — 
Extinction of the Family — Henry Harford — Condition 
of the Colony. 

1. The First Continental Congress met at Phila- 
delphia, on 5th of September, 1774. It issued a 
manifesto setting forth the rights and grievances 
of the colonies, and proposing the scheme of non- 
importation of British goods. 

2. On its adjournment, the Maryland Conven- 
tion again assembled, and approved of the proceed- 
ings of the Congress ; with the organization of 
this convention closed the power and dominion of 
the last Proprietary of Maryland. 

3. The people of Maryland had always loved 
and revered the family of the founder of the pro- 
vince. Under the government of his descendants, 
they had enjoyed a large liberty, and a constantly 
increasing prosperity. They ever bore testimony 
to the kind. and paternal rule of the Proprietaries. 

4. It seemed as if Providence, when the great 
struggle for independence was approaching, sev- 
ered the link, which might have so held them to 
their old allegiance, that they would have been less 
ardent in the common cause. 



Questions.— 1. Meeting of Congress? What did it issue ? 2. Meet- 
ing of the Maryland Convention? 15. What had been the feelings 
toward the family 'of the founder of the colony ? 



State op the Colony. 115 

5. In 1758, Frederick, last of the lords of Bal- 
timore, became a widower. He had no children 
by his wife, and he never married again. He was 
in the same year charged with a criminal offence, 
of which he was acquitted, but it is known that he 
led a dissolute and degraded life. He died at the 
age of forty, in Italy, in 1771. 

G. He devised the province to his illegitimate 
son, Henry Harford, Esq. The title of Lord Bal- 
timore could not descend to him, and thus the name 
of the founders of the colony passed from their 
descendants just as the rule over it was about to 
cease. The people of Maryland cared nothing for 
the man who was an alien in name, and of illegiti- 
mate birth. A Proprietary of this kind could only 
increase the discontent. 

7. Henry Harford was the last Proprietary, and 
Robert Eden was the last English Governor of 
Maryland. After the close of the war of the Rev- 
olution, the late proprietary and his governor re- 
turned together into the State. Eden died shortly 
after, near the City of Annapolis. 

8. A period of one hundred and forty years had 
passed since two hundred pilgrims, under Leonard 
Calvert, landed at the southern extremity of the 
province. Their descendants had extended them- 
selves to its northern boundary, covered its eastern 

Questions— 5. What is said of Frederick, last lord of Baltimore ? 
G. Who was his heir? 7. Who was the last proprietary? Who the 
last English governor ? 



116 History of Maryland. 

shore with wealth and civilization, crossed the Bine 
Ilidge, filling its valleys with a bold and hardy 
population. Commerce was filling its bays and 
rivers with fleets; the forge and the furnace were 
already at work ; in short, though hampered by 
the restrictive laws of England, the germs of her 
future prosperity were budding forth and giving 
promise of the greatness which this day sees real- 
ized. 

9. Thus stood the colony in the crisis which was 
approaching, with a people liberal in their senti- 
ments, proud of their liberties, prepared to extend 
them, and ready to maintain them with their 
blood. 



Lords Proprietary — Governors. lit 



THE LORDS PROPRIETARY OF MARYLAND. 

1632— Cecilius Calvert Second Lord Baltimore. 

1075— Charles Calvert Third Lord Baltimore. 

1715 — Benedict Leonard Calvert... Fourth Lord Baltimore. 

1715— Charles Calvert ...Fifth Lord Baltimore. 

1751 — Frederick Calvert. ...Sixth and last Lord Baltimore. 
1771-1770— Henry Harford, Esq Last Proprietary. 



THE COLONIAL GOVERNORS. 
Proprietary Governors. 

1633 — Leonard Calvert. 

1647— Thomas Green. 

1649— William Stone. 

1654— Commissioners under Parliament. 

1658— Josiah Fendall. 

1661 — Philip Calvert. 

1662 — Charles Calvert. 

1667 — Charles, Lord Baltimore. 

167S— Thomas Notely. 

16S1 — Charles, Lord Baltimore. 

1685 — William Joseph, Pres. of Deputies. 

1689— Convention of Protestant Association. 

Royal Governors. 

1691 — Sir Lionel Coplev. 
1093 — Sir Edmond Andros. 
1694 — Francis Nicholson. 
1699 — Nathaniel Blackistone. 
1703— Thomas Tench, Pres. 
1704 — John Leymour, 
1709 — Edward Lloyd, Pres. 
1714 — John Hart. 



118 



History of Maryland. 



Proprietary Governors. 

1715— John Hart. 

1720 — Charles Calvert. 

1727 — Benedict Leonard Calvert. 

1732— Samuel Ogle. 

1733— Charles, Lord Baltimore. 

1735 — Samuel Ogle. 

1742 — Thomas Bladen. 

1747 — Samuel Ogle. 

1752 — Benjamin Tasker, Pres. 

1753 — Horatio Sharpe. 

1769— Eobert Eden. 



COLONIAL POPULATION OF MAPvYLAND. 



1634 about 200 

1660 12,000 

1665 16,000 

1671 20,000 

1701 30,000 



1715 50,200 

1748 130,000 

1756. 154,188 

1776 about 200,000 



FORMATION OF COUNTIES UNDER COLO- 
NIAL GOVERNMENT. 



1633— St. Mary's. 

— Kent. 
1650 — Anne Arundel. 
1654— Calvert. 
1658 — Charles. 
1659 — Baltimore. 
1661— Talbot. 
1666— Somerset. 
1669— Dorchester. 



1674— Cecil. 
1695 — Prince George's. 
1706 — Queen Anne's. 
1742- Worcester. 
1748 — Frederick. 
1773 — Caroline. 
1773— Harfoiid. 
1776 — Washington. 
1776— Montgomery. 



The Convention. 119 



Part II. 



CHAPTER I. 



The Revolution— Convention— Poicer of Public Senti- 
ment — Resolution of Maryland to stand by Massachu- 
setts — New York and Maryland — Washington, appointed 
Commander-in-Chief — Formation of Maryland Line- 
Riflemen — Want of Supplies. 

1. The convention called upon the people of 
Maryland to bury all private animosities, all re- 
ligious disputes, all memory of past persecution, 
and " in the name of God, their country, and 
posterity, to unite in defence of the common rights 
and liberties." 

2. On the 8th of December, 1774, the conven- 
tion again assembled to make preparations for an 
armed resistance to the power of England. The 
old government still retained the form and ma- 
chinery of power; the new, without these, pos- 
sessed an irresistible authority throughout the 
colony. The source of its power was not its legal 
form, but public sentiment. Resting on this it 

Questions— 1. What did the convention call upon all to do? 
2. When did the convention again meet? For what purpose? 
What was the source of the power of the convention? 



120 History op Maryland. 

needed not penalties and judicial tribunals, for the 
dominion that has public sentiment for its throne 
is irresistible. 

3. All who refused to submit to the decrees of 
the convention were denounced by that body, and 
from that moment the offenders became the object 
of the withering scorn and contempt of their 
countrymen. And this has more terrors than the 
stake. 

4. Having provided for the exercise of their 
authority, the convention resolved that if the crown 
attempted to carry out by force the measures 
against Massachusetts, Maryland would assist her 
to the last extremity. They then ordered all 
males from sixteen to fifty years of age, to be en- 
rolled and organized into companies ; to be armed, 
equipped, and drilled, ready for instant service. 

5. These resolves were immediately carried out ; 
old and young enrolled with the greatest enthusiasm. 
Maryland was girding herself for the struggle in 
which she won so glorious a name. The con- 
vention was to meet again on the 24th of April, 
1775; on the 19th the struggle broke out into 
open conflict, and the first blood shed in the revo- 
lutionary war was at Lexington. The blow was 
struck and the American people sprung to arms 
for the defence of their liberties. 



Questions.— 3. What was done to those who refused to submit? 
4. What did the convention resolve to do? 5. When was the con- 
vention to meet again? What took place on the 19th. 



Washington Nominated. 121 

6. Elsewhere, it was suggested by the timid that 
submission would ensure reconciliation. The city 
of New York was cold, but in Maryland, the people 
were long since prepared for the resort to arms. 
The Connecticut troops had to be placed within a 
short distance of New York, to overawe the tory 
tendencies of many of the people. But subse- 
quently, the Connecticut troops themselves were 
charged by Washington with deserting the cause 
of their country at the most critical moment. 
Their ill-timed yearning for home was bad enough ; 
but they not only took themselves off, but the 
ammunition also, leaving none for the Maryland 
troops, whose fondness for home never overcame 
their sense of honor. 

7. After the battle of Bunker Hill, there was no 
more hesitation. Congress determined, not only to 
defend the rights of the people, but to drive out the 
British troops. Boston was ordered to be invested. 
Thos. Johnson, of Maryland, had the honor of nom- 
inating Gen. Washington, as Commander-in-Chief 
of the American forces. The election was by ballot, 
and was unanimous. Washington's modesty in ac- 
cepting this important trust, was equalled only by 
the confidence the country reposed in his abilities, 
and was the surest evidence of his fitness. 



Questions.— G. What did the timid suggest' What is said of New 
York, and of Maryland ? 7. What was the result of the battle of 
Bunker Hill? What did Congress determine? Who nominated 
Gen. Washington as commander-in-chief? 

11 



122 History op Maryland 

8 Although Johnson, of Maryland, nominated 
Washington, Adams, of Massachusetts, claimed the 
honor of first bringing him forward as the proper 
person for the emergency. Hancock, of Massachu- 
setts, who was presiding, shewed evident marks of 
disapprobation and resentment at Adams' honora- 
ble allusions to "a gentleman from Virginia," for 
he did not mention Washington by name. New 
England was desirious of having one of their own 
men made commander-in-chief. 

9 On the 26th of July, the convention of Mary- 
land again met, and their first step was to adopt 
the famous "Association of Freemen of Maryland." 
This became the written constitution of the pro- 
vince until the new system -was framed in 17T6. 

10. They also set about the formation of a regu- 
lar force, to be composed of a battalion, of which 
Colonel Smallwood received the command, and of 
seven independent companies, numbering in all 
1444 men, besides two companies of artillery, and 
one of marines. 

11. By a resolution of Congress, two companies 
of riflemen were called for, from Maryland. These 
companies were soon filled with the hardy pioneers 
of Western Maryland. Capt. Cresap's company 
numbered one hundred and thirty men, who were 



-8. "What is said of Hancock? What did New England 
desire? !). When did the convention again meet, and what was 
their first step? 10 What did they set about? 11. What is said 
of riflemen? 



Maryland Riflemen. 123 

armed with tomahawks and rifles, were painted like 
Indians, and were dressed iu hunting shirts and 
moccasins. These men were ordered to march to 
the camp around Boston, being joined by like com- 
panies from Virginia and Pennsylvania. 

12. The arrival of these stalwart fellows, such 
as Washington had known in his early campaigns 
— many of them upwards of six feet highland of 
vigorous frame — in their fringed frocks and round 
hats, excited great wonder among the rustic visitors 
of the camp. Their dash, their skill — they could 
hit a mark while advancing at quick step, at the 
distance of two hundred and fifty yards — their strik- 
ing costume, caused them to be looked upon with 
some jealousy by the plainer troops about them, 
who seemed to think that all valor, as well as vir- 
tue, was enclosed in the round jacket and trowsers 
of Marblehead ; and it was well for the gaily clad 
sons of the South, that their behavior in battle was 
always equal to the expectation they excited. In 
the sharpest conflicts of the war, it was they " who 
stemmed the current of the heady fight." 

13. The officers of these were Michael Cresap, 
Thomas Warren, Joseph Cresap, Jr., Richard 
Davis, Thomas Price, Otho H. Williams and 
John Ross Key. 

14. Many were too impatient to endure the 
delay of organizing these troops, and hastened to 



Questions.— 42. What is said of their appearance in camp? What 
is said of their skill? 13. Who were their officers? 14. What did 
many do? 



124 History of Maryland. 

join the camp before Boston, at their own expense. 
Among these was James Wilkinson, afterwards a 
Major-General in the Uuited States service. 

15. The great difficulty to be contended against 
was the want of supplies. The arsenal at An- 
napolis, was almost empty. To overcome these 
difficulties, the convention offered bounties and 
encouragement for the manufacture of such arti- 
cles as were most needed — such as saltpetre, mate- 
rials for clothes, and munitions of war. Powder 
mills were erected, and Mr. Hughes, of Frederick 
county, agreed to furnish the province with cannon. 



CHAPTER II. 



Lord Dunmore — Plans of Lord Dunmore — Attempt to 
inflict a Servile War — Discovery of his Plans — Aid to 
Eastern Shore of Virginia — Batteries Erected near 
Baltimore — " The Otter " — " The Defence " — State 
Navy — Gov. Eden — Civil Authority and Military Power 
— Eden Sent to England — Militia Sent to the Coast — 
Flying Camp. 

1. As yet Maryland had not even been threat- 
ened with hostilities. But a period of real danger 
was approaching. This arose from the attempts 



Questions— 15. What was the great difficulty to be contended 
against? How did the convention overcome these difficulties? 
1. What danger now threatened Maryland? 



Dunmore's Plan. 125 

of Lord Dunmore, the late royal governor of Vir- 
ginia. It was his plan to raise an army in the 
western parts, and cat off all communication be- 
tween the northern and southern provinces. The 
tories and Indians were to be enrolled, an army 
to be formed with artillery gathered up from the 
line of fortresses on the north and west, and this 
army was to cut its way to Alexandria, where 
Dunmore would join it, bringing with him servants 
and negroes, and others belonging to rebels — in the 
words of Washington Irving — to inflict upon Vir- 
ginia, the horrors of a servile war. 

2. His plans, however, were discovered by the 
arrest of one of his agents, in Frederick county. 
While endeavoring to organize a force in the west, 
Dunmore was actively engaged in scattering the 
seeds of disaffection on the Eastern Shore of Mary- 
land. He succeeded in raising several companies 
of men pledged to support the royal cause, if arms 
and ammunition should be furnished them. But 
this conspiracy was crushed out by the committee 
of safety of the Eastern Shore. 

3. Two companies of militia from Kent and 
Queen Anne's, under Captains Kent and Henry, 
marched to Northampton county, on the Eastern 
Shore of Virginia, to repel the invasion of that 



Questions.— 1. What was Dunmore's plan? 2. How were his plans 
discovered? What was Dunmore doing on the Eastern Shore? 
What success iiad he? 3. How was the Eastern Shore of Virginia 
protected ? 

11* 



126 History of Maryland. 

section. They remained there long after their terra 
had expired, rather than leave their neighbors un- 
protected. 

4. To prevent the harbors of Maryland from be- 
ing bombarded by Dnnmore, batteries were erected 
near Baltimore and Annapolis, and several mer- 
chant vessels were manned and armed as vessels of 
war. The basin at Baltimore was also obstructed 
by three heavy chains of wrought iron stretched 
across its mouth, and by vessels sunk in the chan- 
nel. The public records were removed from An- 
napolis to Upper Marlborough. 

5. Early in March, 1776, the Otter, a British 
sloop of war, with two tenders, captured several 
small vessels in the Chesapeake bay. She an- 
chored a few miles below Baltimore, with the 
intention of destroying the State Ship Defence, 
then nearly completed, in that harbor. Captain 
Nicholson, who commanded the Defence, hastily 
prepared his vessel, with the intention of recaptu- 
ring the prizes. Accompanied by several smaller 
vessels, on a hazy morning, he bore down upon the 
Otter. The British were completely surprised ; 
the tenders escaped with difficulty, and all the 
prizes were retaken. 

G. The Otter bore away for Annapolis, but find- 
ing this place fortified, she dropped down the bay 



Questions.— 4. What was done to the harbors in the bay? "What 
at Baltimore? At Annapolis? 5. What British vessel threatened 

Baltimore? What was her design? What did Capt. Nicholson do? 
6. Where did the Otter now go ? 



Governor Eden. 127 

without having won either booty or success. The 
militia followed her down the bay shores as fast as 
possible, and succeeded in preventing her from 
capturing a prize that was almost within her grasp. 

7. On the 5th of June, the gallant Nicholson 
received a commission in the new Continental 
Navy, and took command of the frigate Virginia. 
Many other Marylanders entered into the service, 
among whom none were more distinguished than 
Captain William Halleck and Joshua Barney. 

8. Mr. Eden, the last English governor, still 
remained in the province, although the real su- 
premacy was in the hands of the convention. His 
politic course, his want of power to hurt, and his 
personal popularity preserved him from the exile, 
which had been the fate of other provincial gov- 
ernors. But letters to him from the English min- 
istry, commanding him to hold himself ready to 
assist the crown, having been intercepted, it was 
no longer deemed prudent to permit him to remain. 

9. He was arrested by the military. The com- 
mittee of safety of Maryland, who were the civil 
authority, immediately resented this usurpation of 
their prerogative ; they summoned the officer, rep* 
rimanded him, and ordered him to return to his 
post. The people of Maryland were not disposed 



Questions.— C. What did the militia do ? 7. What is said of Nichol- 
son, and other officers? 8. What is said of Mr. Eden ? Why was it 
thought prudent that he should not remain ? 9. By whom was he 
arrested ? What did the civil authority do ? 



128 History of Maryland. 

to submit to the military dogma inter arma leges 
silent.* Military men, whose business is violence, 
are apt to confound physical power with legal and 
moral right. For that reason a republican people 
are always jealous of military rule, and keep it 
subordinate to civil authority. The military is the 
servant of the civil power, and when the master 
yields to the servant, liberty is gone, and tyranny 
is the result. 

10. The committee of safety, however, consid- 
ered the presence of Eden dangerous, and gave 
him notice to depart, which he did, on board the 
11 Fowey," dispatched by Lord Dunmore to receive 
him. 

11. Dunmore was threatening Maryland with 
his vengeance, and the militia was ordered to the 
coast to cut off his communication with the disaf- 
fected. At the same time the convention set about 
organizing the flying camp, called for by congress. 
The quota to be furnished was three thousand four 
hundred and five men. 

*In the din of arms, the laws are silent. 



Questions— 9. What is said of military men ? What is the office 
of the military? 10. What was done with Eden? 11. What was 
Dunmore threatening? Where were the militia ordered? What 
camp did the convention organize ? 



Declaration op Independence. 129 

CHAPTER III. 

Declaration of Independence — Vain Hopes of Set- 
tlement — Rebels or Freemen — Order issued by the Con- 
vention of Maryland — Charles Carroll of Carrollton — 
Slate Government — Disposition of Troops. 

1. For a long time the people of America hoped 
and thought they could obtain their rights without 
severing their allegiance to the mother country. 
But the course of England in pouring troops into 
the country to conquer, rather than conciliate, 
aroused the spirit of hostility, and taught them 
that they had not only to resist encroachments 
upon their rights, but that they must advance to 
the position of independence. They must be either 
subdued rebels or triumphant freemen. Their vic- 
tories during the last year convinced them that 
they had a reasonable hope for the latter. Mary- 
land was in full sympathy with these feelings. 

2. On the 28th of June, 1776, the convention of 
Maryland unanimously withdrew the instructions 
previously given to her delegates in Congress, " to 
disavow all design of independence," and ordered 
that they should unite on behalf of the province in 
declaring the colonies free and independent, reserv- 
ing to the State, however, complete internal sove- 
reignty. 

Questions.— I. What did the people for a long time hope ? What 
raised the spirit of hostility ? What did they learn ? 2. What did 
the Maryland Convention order? 



130 History of Maryland. 

3. Charles Carroll was chiefly instrumental in 
obtaining the passage of this act. He had been 
on a mission to Canada with Chase and Franklin, 
to induce that province to form a union with the 
United Colonies, for their mutual interest and com- 
mon destiny. On his return, he found the Mary- 
land delegates hampered with the "instructions" 
mentioned above. The loss of a single hour might 
deprive his beloved State of a share in the glori- 
ous act then about to be performed. In these cir- 
cumstances he and his friends brought all their 
energies, eloquence and arguments to bear upon 
the Convention in favor of the immediate repeal of 
the old instructions, and in favor of the new. — 
The new instructions were received on the 2d of 
July. On the 4th of July, together with Matthew 
Tilghman, Thomas Johnson, Jr., William Paca, 
Samuel Chase, Thomas Stone, and Robert Alex- 
ander, he was chosen delegate to Congress. 

4. On the 2d of July, the Declaration of Inde- 
pendence had been prepared, and was introduced. 
On the 4th, it was adopted, but was not signed 
until the second of August. Carroll, having been 
chosen delegate after its passage, might have 
avoided the signature which would have been the 
evidence of his treason, had America failed. As 
it was said there were several Charles Carrolls, and 

Questions.— 3. Who was chiefly instrumental in this? When was 
he chosen delegate to congress? Who else were chosen? ±. On 
what day was the Declaration of Independence adopted? 



Small wood's Battalion. • 131 

that he could not be identified, he immediately 
added " of Carrolton," the name of his estate, 
remarking as he did so, " They cannot mistake me 
now." From this circumstance he ever afterwards 
bore the surname " of Carrolton." 

5. The declaration of independence having been 
made, it was necessary to frame a permanent gov- 
ernment for the new State. The convention or- 
dered an election of delegates to assemble and form 
a constitution. Then having confided the supreme 
power in the hands of the committee of safety, it 
adjourned. One of its last acts was to place the 
State troops at the disposal of congress. The bat- 
talion under Col. Smallwood, and the independent 
companies in the counties, attached to his com- 
mand, were ordered to Philadelphia, to be mar- 
shalled at once into the national service. 



CHAPTER IV 



Turc Maryland Troops at tobi Battle of Long 
Island — Condition of the American Army — Landing 
of the British — The Macaronis — The Battle — Terrible 
charge of the Marylanders — Loss of Mary landers. 

1. It was at a dark hour that the Maryland line 
was destined to enter the field. The British gene- 

Qucstions. — 4. What took place when Carroll signed it? 5. What 
stops wore taken to form a new state government? What did the 
convention do about the utate troops? Where were they ordered? 
1. What was the number of troops of the British ? 



132 History op Maryland. 

raPs forces amounted to 30,000 men, while the 
American were only 17,000, and nearly one-fifth of 
these were sick and unfit for duty. 

2. On the 10th of July, six companies under 
Smallwood himself, from Annapolis, and three 
from Baltimore, embarked for the head of Elk 
river, whence they marched to New York, and 
were incorporated in Lord Sterling's brigade. — 
They were well appointed and organized, com- 
posed of young and spirited men, who had already 
acquired the skill and precision of drilled soldiers. 
" There was none by whom an unofficer-like ap- 
pearance and deportment could be tolerated less 
than by a Marylander, who, at this time, was dis- 
tinguished by the most fashionable cut coat, the 
most Macaroni cocked hat, and hottest blood in 
the Union." 

3. Arriving at a time when the army was lamen- 
tably deficient in discipline, they immediately won 
the confidence of the commander-in-chief; and, 
from the moment of their arrival, were thrown 
upon the advanced posts, and disposed as cover- 
ing parties. 

4. The four independent companies remaining 
in Maryland, were ordered to join Col. Small- 
wood, as was also the flying camp, now rapidly 
organizing. 



Questions.— 1. Of the Americans? 2. What is said of Smallwood's 
battalion ? What of their appearance ? 3. What of their arrival ? 
4. What is said of the independent companies? 



Small wood's Battalion. 133 

5. From the 21st of August to the 27th, the 
British were landing their troops on Long Island. 
On the 20th, the Maryland troops were ordered 
over to the scene of the approaching conflict. 
Putnam, who was in command of the American 
forces, having been out-man ceuvred by the British 
genera], ordered Sterling, with two regiments, to 
hold the enemy in check. One of these regiments 
was Smallwood's battalion — the Macaronis in 
scarlet and buff. They turned out with great alac- 
rity, and placed themselves along a ridge, having 
Col. Atlee with Pennsylvania troops in ambush in 
advance. 

6. As the British came up, the Pennsylvanians 
gave them two or three volleys and then retreated, 
and formed on Sterling's left. For several hours 
a severe cannonading was kept up on both sides, 
but no general engagement was sought by either 
party. Sterling's object was to keep the enemy 
in check. The instructions of the British general, 
Grant, were, not to press an attack until aware 
that Sir Henry Clinton was on the left flank of 
the Americans. 

7. At length the left wing of the Americans 
having been turned by Clinton, and the centre 
broken, the situation of Sterling became danger- 

Quations.—b. When did the British land their troops? What did 
Putnam order? What is said of Smalhvood's battalion ? G. What 
did the Pennsylvanians do? What was Sterling's object? What 
were the British General's instructions? 7. What is said of the 
situation of Sterling? 

12 



134 History of Maryland. 

ous in the extreme. Washington, who had come 
on the field during the battle, saw the danger 
to which the brave fellows under Sterling were 
exposed, though they themselves could not. He 
saw the enemy's reserve under Cornwallis, march- 
ing down by a cross road to get in the rear, and 
thus place them between two fires ; and with 
breathless anxiety he watched the result. 

8. The sound of Clinton's cannon apprised Ster- 
ling that the enemy was between him and the lines. 
Grant, too, who had held back all the morning, 
was closing up. In the rear lay an extensive 
marsh, traversed by a deep and dangerous creek, 
eighty yards wide at its mouth. 

9. Leaving part of his men to face Grant, he 
selected four hundred of the Maryland battalion, 
and, ordering the rest of the troops to make the 
best of their way to the creek, marched to meet 
Cornwallis' brigade. Washington and others, who 
watched every movement, had supposed that Ster- 
ling and his troops would surrender in a body, but 
as the Marylanders, with fixed bayonet rushed to 
the charge upon the overwhelming force opposed 
to them, Washington wrung his hands, exclaiming : 
" Good God I what brave fellows I must this day 
lose." 



Questions.— 7* What did Washington see ? 8. What first apprised 
Sterling of his danger ? 9. How did lie meet the danger? What 
did Washington suppose 1 What did he exclaim ? 



Game Spirit of the Macaronis. 135 

10. It was indeed a desperate fight. And now 
Smallwood's Macaronis showed their game spirit. 
Five times this little band charged upon the pow- 
erful forces of Cornwallis; five times they were 
driven back to gather new energies for a fiercer 
assault. Under the sixth, the heavy column of the 
British reeled and began to give way. 

11. At the moment victory was in their grasp, 
Grant's brigade assailed them in the rear, and the 
Hessians came to the aid of Cornwallis in front. 
Already outnumbered more than ten to one, with 
their ranks thinned by the terrific slaughter, and 
worn down by long fighting, these devoted men 
could no longer make head against their foes. 

12. Three companies cut their way through the 
crowded ranks of the enemy and maintained their 
order until they reached the marsh, where, from 
the nature of the ground, they broke and escaped 
as quickly as possible to the creek. This despe- 
rate conflict gave time to the remainder to make 
good their retreat across the marsh. They swam 
the water, bringing with them twenty-eight priso- 
ners, and their tattered standard. 

13. The loss of the Maryland troops in this 
deadly struggle was murderous. From sunrise, 
until the last gun was in the field, they were hotly 



Questions. — 10. What is said in this section ? 11. What prevented 
the victory? 12. Did they surrender? What was the effect of 
this desperate fight? 13. What is said of the losd of the Mary kind 
troops ? 



136 History of Maryland. 

engaged, and when the rest of the army had been 
routed, or had fled, maintained the battle unaided, 
against two brigades of the enemy. Nearly half 
of their force was annihilated. Their loss in killed 
and wounded was 256, officers and men. To this 
day, the people of Long Island point out to 
strangers the spot where half of the Maryland bat- 
talion stemmed the advance of the whole left wing 
of the British army, when no other troops were 
left upon the field, and where the best blood of the 
State was poured out like water. 



Questions. — 13. How long were they engaged? What do the peo- 
ple of Long Island still dot 



The Retreat. 



137 



CHAPTER V. 



JIaryland Troops in the Retreat — Maryland Troops 
in the Advance Posts — Crossing the Ferry— Attempt to 
Surroimd the Americans — Disgraceful Retreat of the 
Connecticut Militia — Maryland Line Cover the Retreat 
— Battle at Harlem — Battle at White Plains— Attack 
on Fort Washington — Destruction of the Enemy's 
Troops by the Maryland and Virginia R>fle3. 

1. It having been 
found necessary to 
retreat from Long 
Island, it was de- 
termined to do so 
before the ferry 
should be occu- 
pied by the ene- 
my. This masterly 
movement was ef- 
fected on the 29th 
of August. 

2. Although the 
Maryland troops 
Gen. Small wood. had enjoyed but 

one day's rest since their bloody conflict, they were 
ordered on duty at the advanced post of Fort Put- 
nam, within two hundred and fifty yards of the 




Questions.— I. Why was it necessary to be prompt in the retreat? 
Wh&i whs the retreat effected? 2. Where were the Maryland 
troops ordered? 

12* 



138 History op Mam land. 

enemy's line, and, with two Pennsylvania regiments 
on the left, were to protect the retreat of the army. 

3. Under cover of a foggy night and morning, 
the movement was happily effected, in spite of the 
disorder of the eastern troops ; and it was not dis- 
covered by the enemy until the last detachment 
of Marylanders and Pennsylvanians was half way 
across the river and out of reach. 

4. The British now attempted to surround the 
Americans on New York Island, and, it being 
found impossible to defend the city, in the disor- 
ganized condition of the troops, Washington re- 
solved that the army should be withdrawn into the 
lines below Fort Washington. On the 15th of 
September, the enemy effected a landing without 
opposition, in the face of two brigades of Connec- 
ticut militia, who fled disgracefully at the fire from 
sixty of the British infantry. 

5. Disgusted with such cowardice, General 
Washington immediately sent an express for the 
Maryland regiment, drew it from its brigade, and 
ordered it down towards New York, to cover the 
retreat of the army. He knew well he could rely 
upon its maintaining its position against all odds. 

G. Smallvvood posted his regiment, and they 
remained under arms the best part of the day until 



Questions— 3. How was the retreat effected? 4. What did the 
British now attempt? What did Washington resolve? When did 
the enemy effect a landing? What is said of the Connecticut mil- 
ilia? S. What did Washington do? 0. What did Smallwood do? 



The Retreat. 139 

the last troops had passed. Having maintained 
his position as long as it was necessary, and hav- 
ing received notice to retreat, he retired in good 
order, and reached the lines about dusk. 

7. On the next day, a body of three hundred 
British appeared in the plains below the American 
position. Having been attacked, and receiving a 
reinforcement of seven hundred men, Gen. Wash- 
ington ordered up Major Price, with three of the 
Maryland independent companies, and Colonels 
Richardson's and Griffith's regiments of the Mary- 
land flying camp. These troops attacked the 
enemy with the bayonet and drove them from their 
position. 

8. In the battle at White Plains, the militia 
having taken to flight, and the artillery having re- 
tired in confusion, Smallwood's Maryland regiment 
was immediately advanced to meet the enemy. A 
long and severe conflict ensued ; but, overpowered 
by superior numbers, it was compelled to give 
ground. 

9. The Maryland regiment suffered severely ; 
Col. Smalhvood was himself among the wounded. 
The regulars of that gallant corps, worn down by 
the hard service they had endured, and the effects 
of their wounds, had been much weakened. Yet 
under all these trying circumstances, almost with- 

Queation^.—7. What took place the next day? 8. What is said 
of Maryland regiment ia battle of White Plains? 9. Who was 
wounded? 



140 History of Maryland. 

out field officers, the Maryland line displayed its 
wonted valor at White Plains, and won new laurels 
for its State. 

10. In the attack on Fort Washington, we again 
find the Marylanders distinguishing themselves. 
Posted among the trees, Ravvling's riflemen, the 
hardy sons of the Maryland and Virginia moun- 
tains, poured upon the advancing column a mur- 
derous fire. The Hessians broke and retired. 
Again they were brought to the attack, and again 
repulsed with dreadful slaughter. The Maryland 
riflemen remembered the destruction of their breth- 
ren at the battle of Long Island by the Hessians, 
and did not forget to avenge it. 

11. A single battalion of riflemen, whose weap- 
ons, from frequent discharges, had become foul and 
almost useless, could effect little, when opposed to 
five thousand men with the bayonet. They could 
not hope for victory, but they won great glory. 

12. The fort was compelled to surrender. — 
Among the captives were Major Otho.H. Wil- 
liams, Lieutenants Luckett, Lingan, Davis and 
Evans. Some few Marylanders escaped across 
the river. The loss of the enemy was nearly twelve 
hundred, more than half of which was inflicted by 
Rawling's Maryland and Virginia riflemen. 



Questions. — !). "What further is said of the Maryland line? 
10. What is said of the attack on Fort Washington? 11. "What 
of the riflemen? 12. What was the result? What was. the loss ©rf 
the enemy? 



Trenton and Princeton. 141 

13. The victories of Trenton and of Princeton, 
during this celebrated retreat, were successful 
strategetic movements, rather than battles. They 
served to show the master-mind of Washington, 
but there was little of that hard fighting that shews 
the stuff the men were made of; hence in them, 
there are no particular instances of heroic deeds to 
record. 

14. The campaign of 1776, was a dark and 
bloody one, but full of glory to the Maryland line ; 
which, a powerful regiment in the month of August, 
was now reduced to a mere handful of men, under 
the command of a captain. In the battles from 
Brooklyn, Long Island, to Princeton, the old or 
first line was almost annihilated. 



CHAPTER VI. 



The New Constitution and State Government — 
Convention — Division of Frederick County — Supplies 
/or the Army — Constitution agreed io — Division of the 
Government — Qualifications for Voters — First State 
Legislature — Inducements io Enlist — The First Gov- 
ernor — Inauguration. 

1. An election having been held for delegates to 
a new convention to form a new constitution, this 
body assembled on the 14th of August, 1776, and 



Questions. — 13. What is said of the battles of Trenton and of 
Princeton ? 14. What is said of the campaign of 1770? 1. For what 
was a new convention called ? 



142 History op Maryland. 

organized, by unanimously electing Matthew Tilgh- 
man, President. The committee, appointed to pre- 
pare and report a declaration of rights, and form 
of government, was composed of Messrs. Tilghman, 
the President, Carroll, Paca, Carroll of Carrollton > 
Plater, Chase and Goldsborough. 

2. On the 6th of September, the convention 
divided Frederick county, cutting off from it the 
counties now named Washington and Montgomery. 
The pressure of public business prevented the con- 
sideration of the bill of rights, and the constitution, 
which the committee had reported. This subject, 
therefore, was postponed, that they might give 
their attention to the condition of the troops, and 
the deficiency of all the material of war. 

3. Ample supplies were determined upon, the 
committee of safety was ordered to import four 
thousand stand of arms, as many gun locks, four- 
teen cannons, twenty tons of powder, and forty 
tons of lead, to be purchased with wheat, tobacco, 
flour and other Maryland produce. 

4. The quota of troops set down by Congress, 
to be furnished by Maryland, was eight battalions, 
numbering four thousand men, one-tenth of the 
whole army. This was larger in proportion than 
that levied on the northern States ; still, Maryland, 



Questions.— I. What committee was formed, and who composed 
it? 2. What counties were set off? What was said of the bills 
proposed by the committee? 3. What was the committee ordered 
to do ? 4. What was Maryland's quota? What is said of this quota?; 



State Government. 143 

irr her zeal for the general welfare, made no effort 
to get her quota reduced, but immediately took 
steps to furnish the troops. 

5. On the 8th of November, after much delibera- 
tion, the new constitution of the State was finally 
agreed to, and elections were ordered to carry it 
into effect. The election took place in November 
25th, 1776. 

6. The government was composed of three dis- 
tinct branches — the legislative, the executive, and 
the judiciary. The legislative authority was vested 
in a Senate and House of Representatives. The 
House of Delegates was composed of members 
from the counties, from Baltimore, and from An- 
napolis. The Senate consisted of fifteen members. 
The executive authority was in the hands of the 
governor. The judiciary was composed of the 
courts of the State. 

7. Every voter was required to be the owner of 
fifty acres of land in the county in which he resided, 
or to possess property within the State to the value 
of thirty pounds current money. Delegates must 
own property to the value of five hundred pounds ; 
Senators a thousand pounds ; and the governor 
must possess a freehold of lands and tenements, of 
the value of a thousand pounds, and have resided 
three years within the State, prior to his election. 



Questions. — r>. When was the State constitution finally agreed to? 
6, How was the government divided ? 7. What were the qualifica- 
tions of voters 'i Of senators! Of governor 2. 



144 History op Maryland. 

By the bill of rights, the conscience was left as free 
and untrammelled as in the days of Leonard Cal- 
vert. 

8. The first State Legislature, met on the 5th of 
February, 1777. The first business that occupied 
their attention was the recruiting service. During 
the retreat from Long Island, the Maryland troops 
had been so reduced, that Small wood's battallion, 
and the seven independent companies, which had 
entered the service fourteen hundred strong, had 
been worn down to a mere captain's command, and 
in the face of this great loss, it required corres- 
ponding exertions to fill up the quota of eight 
battalions. 

9. To favor enlistments, every recruit was ex- 
empted from arrest for debts under twenty pounds, 
and his property was entirely freed from attach- 
ment and execution. To provide blankets for the 
soldiers, every family was obliged to give up one- 
half of their surplus articles of that kind for the 
use of the army. 

10. On Friday, the 21st of March, 1777, Thomas 
Johnson was proclaimed first republican Governor 
of Maryland. The announcement was hailed by a 
salute from the military. Annapolis was the scene 



Questions.— -7. What about freedom of conscience? 8. When did 
the first State legislature meet? What was the condition of 
Maryland troops? 0. What was done to favor enlistments? How 
were blankets provided ? 10. Who \va» first republican governor 
of Maryland ? 



Maryland Line. 145 

of great festivities on the inauguration of the new 
government. The general and county committees 
of safety surrendered up their powers and ceased 
to exist. The State was under the law of the con- 
stitution. 



CHAPTER VII. 

Campaign - of 1777 — Increase and Division of the Mary- 
land Line — Battle of the Brandywine — Deborre — Battle 
of Gcrmantown — Success of the Marylanders — John 
Eager Howard — Marylanders not supported — Howe's 
Attack. 

1. The Maryland line, having been increased 
to seven battalions, was divided into two brigades. 
One, composed of four battalions, was placed under 
command of Smallwood, now promoted to the rank 
of Brigadier General. The commander of the other 
was General Deborre, a French officer, in the ser- 
vice of the confederacy. 

2. On the 25th of August, the British army 
lauded at the head of Elk river, and began their 
march upon Philadelphia. The Americans took 
post behind the Brandywine, and on the 10th of 
September, the British advanced to force their 

Questions.— 1. How was the Maryland line divided? Who were 
the officers? 2. When and where did the British land? Where 
did the Americans post themselves? 

13 



146 History op Maryland. 

position. The Maryland line constituted a part 
of the division which was ordered to meet Corn- 
wallis. But before the line could be formed, the 
Maryland division was attacked by the enemy. 
Deborre's brigade broke after a slight resistance, 
and subsequently the whole gave way. The Mary- 
land line, while it behaved gallantly, scarcely sus- 
tained its ancient reputation — nor equalled its 
subsequent glory, when led by its own chiefs in 
the South. 

3. Deborre was a foreigner, unpopular with his 
men, and entirely without their confidence. Gen. 
Smallwood and Col. Gist, leaders whom they would 
follow against any odds, were absent at the head of 
the militia. The troops had lain the night before 
on their arms, had slept but little, they had been in 
line all day without food, and were hurried into 
action only half-formed, after a rapid march, and 
sudden change of position. 

4. The next fight in which we find the Mary- 
land troops, was the battle of Germantown. This 
battle, though unsuccessful, was one that redounded 
very much to the credit of Washington and the 
American arms. Why it was not successful is not 
known. An unaccountable panic seized the Ameri- 
cans after orders to retreat had been given by the 
officers of the enemy. 



Questions. — 2. What is said of Deboire's brigade? 3. What is 
said of Deborre? What of the troops? 4. Where do we next find 
the Maryland line? 



Battle of Germantown. 147 

5. A regiment from the second Maryland brigade 
was detached to drive in the enemy's pickets. The 
pickets were reinforced by all the light infantry. — 
The attacking regiments, however, maintained their 
ground firmly, until the whole Maryland Division 
was brought to their assistance. They advanced 
in gallant style, and with such resolution, that the 
light infantry were driven from the field, after a 
sharp action, and their encampment fell into the 
hands of the victorious line. 

6. In the pursuit, a company under Capt. Daniel 
Dorsey, was engaged with a body of the enemy. 
As the Maryland Division was pressing on, being 
already in advance of the rest of the army, Col. 
Hale attempted to disengage and bring up Dor- 
sey's company, but was disabled by accident. 

7. The command of his regiment devolved upon 
Major John Eager Howard, who immediately hur- 
ried the men forward through the camp of the light 
infantry, and captured two six-pounders. Being 
now fired upon by the enemy, who had taken shelter 
in a strong building, Col. Hazen, then in command 
at the left of the Maryland line, halted in the rear 
of that position. 

8. The remaining regiments of the line under 
Sullivan, pursued the flying light artillery, and 
came upon the main body of the enemy drawn up 



Questions.— 5. What is said in this section? 6. What happened in 
the pursuit? 7. Upon whom did the command devolve? What 
did he do? 8. What did the remaining regiments do? 



148 History of Maryland. 

to receive them. A severe conflict followed. Sul- 
livan at once ordered his Marylanders to advance 
upon them. They obeyed without hesitation. The 
enemy after a sharp resistance retired. 

9. The firing at the dwelling house gave rise to 
the fear that the enemy was in force in that quar- 
ter, and the morning being dark and hazy, it was 
impossible to discover the exact position of either 
the British or American forces. The result was a 
considerable confusion, through which, the Mary- 
land line — assisted by a regiment of North Caro- 
linians and part of Conway's brigade — were now 
left open on their flank. Having pursued the 
enemy for a mile beyond the house, and having 
expended all their ammunition, they found them- 
selves unsupported by any other troops, and,. as 
the enemy were rallying on the left to attack them, 
were compelled to retire. They, however, brought 
off their cannon and their wounded. 

10. Early in December, Howe marched his 
forces out of Philadelphia, as if to attack the 
American army. On the seventh, he approached 
near the main army, . Washington, believing a 
general engagement at hand, threw Gist, with the 
Maryland militia, and Colonel Morgan's rifles for- 
ward, to attack their front and flank. The assault 
was made with great spirit, and after a severe 



Questions.— 0. What is said of the firing at the dwelling house? 
What further is said of the Maryland troops? 10. What is said 
of Howe? Repeat the section? 



Valley Forge. 149 

skirmish, the enemy's advanced parties were driven 
back. Being reinforced, they, in their turn com- 
pelled Gist and Morgan to retire. 

11. Washington withheld his reinforcements, and 
prepared to defend his camp, and Howe, finding it 
impossible to take him at disadvantage, retired to 
the city. His loss in the action with the Maryland 
militia, was one hundred killed and wounded; that 
of the militia was seventeen wounded, and of the 
rifles, twenty-six killed and wounded. 

12. While Washington was wintering at Valley 
Forge, the Maryland line, under Smallwood, was 
stationed at Wilmington. They succeeded in cap- 
turing a British brig, in the Delaware, laden with 
stores and provisions, which made their winter 
quarters comfortable, when compared to those of 
Valley Forge. 



CHAPTER VIII. 

1778 and 1770. — More Troops Demanded — Disaffec- 
tion — British Evacuate Philadelphia — Battle of Mon- 
mouth — General Lee — Washington'' s Reliance on Mary- 
land Officers — Landing, and Retreat of British Troops. 

1. On the 17th of March, 1778, the legislature 
again assembled at Annapolis. Congress had 

Questions. — 11. What did Howe now do? What was his loss? 
What, of the militia? 12. Where did Smallwood winter?" 1. When 
did the legislature again meet? 

13* 



150 History of Maryland. 

called on the several States for an increase of their 
forces. The quota demanded from Maryland was 
two thousand nine hundred and two men. 

2. While this quota was filling, Count Pulaski, 
a gallant Pole, was busily engaged forming his 
legion partly in this State and partly in Delaware. 

3. He succeeded in raising a corps which did 
good service to the country. He perished in 
storming a battery at Savannah. 

4. The drain upon Maryland was very great, in 
some parts of the State a great degree of disaffec- 
tion still continued, and the population was scanty. 
Yet with all these drawbacks, before the other 
States had well moved in the matter, except New 
Jersey, the Maryland line was raised to its full 
number. 

5. The severe winter spent by the army at Val- 
ley Forge, had almost exhausted the State. The 
northern and southern States had been very slow 
in sending their proportion of the provisions ; 
the army, had, therefore, to depend largely upon 
Maryland, and it was feared that her resources 
were nearly consumed. But the energy of the 
governor in aiding the quartermaster's depart- 
ment, and the patriotism of the people were equal 
to the emergency. 



Questions.— 2. What is said of Count Pulaski? 3. What further 
is said of. him? 4. What is said of the condition of Maryland? 
5. What of the encampment at Valley Forge? What of the States 
north and south? 



Evacuation op Philadelphia. 151 

6. As the spring advanced, the British prepared 
to retreat from Philadelphia. Many were anxious 
t^ drive the enemy from the city, but the weakness 
of the American army rendered it too dangerous 
to make the attempt. None of the States, except 
Maryland and New Jersey, had filled up their 
quotas, although constantly urged by Washington 
to do so. 

T. On the 18th of June, 1778, the British army 
evacuated Philadelphia, and crossed the Delaware. 
They had encamped at Monmouth Court House, 
in a strong position. Washington determined to 
attack them the moment they began to retire from 
the posts, and directed Lee to carry this design 
into execution. 

8. General Lee having taken upon himself to 
judge of the propriety of engaging on the ground 
he occupied, ordered his troops to retire. At the 
first sound of the artillery, Washington moved on 
with the troops to support the advance. After a 
speedy march of five miles, he came upon Lee in 
full retreat, without having made an effort to main- 
tain his position. 

9. The crisis required promptness of action. 
Stopping only long enough to administer a stern 



Questions. — 0. What did the British prepare to do ? What is said 
of the quotas of tiie State? 7. When did the British evacuate 
Philadelphia? Where did it encamp? What did Washington de- 
termine to do? 8. What is said of Gen. Lee? What did Washing- 
ton do ? 'J. What further did he do a,nd say? 



152 History of Maryland. 



and even fierce rebuke to Lee, Washington turned 
to Ramsay, who commanded a Maryland battalion, 
and Col. Stewart, commanding a regiment, and 
called to each of them that he "was one of the 
officers he should rely upon to check the enemy 
that day." 

10. The enemy now opened their artillery upon 
Ramsay and Stewart, who were soon sharply en- 
gaged with the infantry. Though compelled to 
fall back before superior numbers, the obstinate 
defence made by the Marylanders, gave Washing- 
ton time to draw up his lines of battle. 

11. As soon as the scale of victory began to 
turn, Washington ordered up Patterson's division 
and Small wood's brigade to secure the day. The 
British were driven back. But night coming on, 
the battle had to be suspended, and in the morning 
it was found that the British had retreated. 

12. In November, the Maryland line was 
marched to Middlebrook, New Jersey, where 
Washington had established his head-quarters. 

13. In February, 1779, the British landed a 
body of troops in New Jersey, with the design 
of taking Elizabethtown. Smallwood, with the 
Maryland line, and St. Clair, with the Pennsylva- 
nia division, were immediately ordered forward. 



Questions.— 10. Upon whom did the enemy open? What is said 
of the Marylanders? 11. What did Washington do? What fur- 
ther is said? 12. Where did the Maryland line now go? 13. What 
is said in this section? 



Maryland's Quota. 153 

The British, however, retreated without venturing 
a battle. 

14. In July, the army was concentrated at West 
Point, New York. The Maryland line formed its 
right wing. 



CHAPTER IX. 



1779 and 1781 — Maryland's Quota Large and always Full 
— Early Harvests — Arrival of French Fleet — Paper 
Money — Pensions to Troops — Depreciation of Currency 
— Corifiscaiion — Tax — The Price of Liberty. 

1. Maryland had always kept its quota of troops 
full, and at one time its quota was one-third more 
than any other State, except Delaware, according 
to proportions fixed by congress. 

2. But it was not only for men that the State 
was looked to ; its wheat, ripening before that of 
the other wheat-growing States, was always re- 
quired for the first supplies of the army. It was 
also bought up by the north for the use of the 
States, in that section. 

3. This gave rise to a commerce that had to be 
protected from the British fleet. Maryland was, 
therefore, obliged to keep up a marine force of her 



Quc*tium.—\. What of the Maryland quota? 2. What besides 

men was required from Maryland? 3. What did this give ri=e to ? 



154 History op Maryland. 

own. The fleet consisted of the ship Defence and 
several galleys, a sloop of war, and four barges. 

4. The prize money, arising from captures made 
by these vessels, was distributed among the victo- 
rious crews, and was an incentive to exertion, which 
increased their usefulness. 

5. The arrival of the French fleet, however, at 
a later period, rendered it unnecessary to maintain 
this force. The distressed condition 6f the finances 
made the reduction of the marine very desirable, 
as thereby the State was relieved of a great ex- 
pense, and the men were employed as a portion of 
the State's quota for the campaign. 

6. The expenses of the war increased so rapidly 
that it was found impossible to keep up with them 
by taxation. To furnish money, therefore, to pay 
the troops and to supply the necessities of trade, 
the" States resorted to the means with which this 
generation is so familiar, namely, of issuing bills of 
credit, or paper money, which were made legal 
tender for the payment of debts. 

7. The difference between the nominal value of 
this paper money and specie, was so great that 
forty dollars in paper were worth only one dollar 
in gold, or silver. An officer having been dis- 



Questiom.—?,. What did the State fleet consist of? 4. What is 
said of the prize money? 5. What is said of the arrival of the 
French fleet? What was done with the marines? G. To what did 
the State resort to raise money? 7. What is said of the value of 
this paper money? 



Governor Lee. 155 

patched to Baltimore to buy cloth for coats, after 
great difficulty, bought fifteen yards, for fifteen hun- 
dred pounds. 

8. To ensure a just payment of the troops, the 
legislature of Maryland resolved that the officers 
cf the Maryland line, who should serve to the close 
of the war, should be entitled to half-pay during 
life, to commence after the expiration of their pay 
from congress. This provision was also extended 
to their widows, during widowhood. 

0. Thomas Johnson, having served three years 
as governor, was succeeded by Thomas Sim Lee. 
The depreciation of the currency, and the conse- 
quent high prices of provisions, compelled the 
legislature to enact vory stringent laws against 
speculators, who bought up the necessities of life, in 
order to grow rich upon the distresses of the army. 

1 0. It was also determined, as a matter of-relief, 
to confiscate the estates of all those who had ad- 
hered to the royal cause. Their property was sold 
as that of British subjects, found within the State, 
as fair spoil of war. That injustice might not 
be done, an opportunity was allowed to the owners 
to come in and take the oath of allegiance to the 
State, prior to the first of March, IT 82. This 
measure of confiscation, necessary as it was, was 
not passed without reluctance and serious opposi- 

Quc^tions. — s. Wh'atdid the legislature do? 9. Who succeeded 
Gov. Johnson? What laws did the legislature pass? 10. What 
measure of relief was determined upon? W T Jiat opportunity was 
given the disaffected? 



156 History op Maryland. 

tion, but the tax was one hundred pounds of paper 
money for every hundred pounds worth of prop- 
erty, nominally the whole worth of their property, 
but as paper money was worth only one-fortieth, 
the real tax was two and a half per cent, on all 
property, amounting often to more than half of the 
owner's income. 

11. This tax was endured the more cheerfully 
because it was part of the price of liberty, and men 
knew that no price was too dear for that blessing. 
It was not a tax to support a party or a power, nor 
was it a tax to pay the cost of conquest ; yet, even 
with all these advantages in its favor, the currency 
was in effect repudiated, and the governor's salary 
had to be paid in wheat, at the rate of forty-five 
hundred bushels per year. 



CHAPTER X. 



The Confederation - — Delay of Confederation — Diffi- 
culty of adjusting Public Lands — Clause secured by 
Virginia — Maryland Objects — Compromise proposed by 
New York — -Sovereign States — Maryland' s efforts in the 
Common Cause. 

1. Early in the revolutionary struggle, a plan 
was introduced into congress for the confederation 

Que-it ions— 10. What rendered this act necessary? 11. What is 
said of the tax? How was the governor's salary paid? 1. What 
plan had been proposed in congress ? 



Public Lands. 157 

of the colonics. The matter had to be deferred 
from time to time, to give way to the pressing 
needs of the army. 

2. One source of difficulty was the adjustment 
of the question of the public lands. Maryland 
was determined not to relinquish her claim to a 
portion of them, and was the last to hold out. 
"Virginia claimed the unsettled territory of the 
west; Maryland maintained that if the dominion 
of those lands should be established by the blood 
and treasure of the United States, such lands 
ought to be considered as common property. 

3. Virginia had succeeded in securing, in the 
articles of confederation, a clause, " that no State 
should be deprived of her territory, for the benefit 
of the United States." Maryland would not give 
in her adherence while that clause existed. 

4. The compromise proposed by New York was, 
that each State should limit its western bouudary, 
and cede to congress its claim to lands beyond it, 
in the purpose of erecting new States hereafter, 
and for no other purpose whatever. This effected 
a settlement and the articles of confederation were 
signed on the first day of March, 1781. 

5. This was the germ of the Union. Each 
State preserved its separate and distinct sover- 



Qnestions.—2. What was one source of difficulty? What position 
did Maryland take? 3. What clause had Virginia secured? 4. What 
compromise was offered, and by whom? 5. What is said in this 
section ? 

u 



158 History of Maryland. 

eignty. The United States, being the creation 
of the States, could not be greater than the power 
that created it. It could only exercise acts of 
authority delegated to it. It was the agent to 
exercise the power belonging to the States. 

6. Questions were to be decided not by the 
people at large, but by the States themselves, a 
majority of them being required to carry a question. 

7. The States agreed that congress, which rep- 
resented them in their collective capacity, alone 
should exercise certain a-cts of sovereignty, — such 
as declaring war, laying imposts, and coining 
money, —-which were essential for the common 
good. 

8. Though Maryland had held aloof from the 
confederation, she had not relaxed her efforts in 
the common cause. At the very time when she 
was contending for her own rights with Virginia, 
her sons were fighting on the soil of this sister 
State for its defence, shedding their blood without 
stint upon every battle-field — the Maryland line 
and the Virginia regiments, side by side, bearing 
the brunt of the hard-fought southern campaigns. 
Her valor in the field, and her wisdom and firm- 
ness in the ca'binet, have left their impress upon 
the country, however they may be ignored by 
partial writers of its history. Her valor in the 



Questions— G. How were questions to be decided? 7. What did 
the States' agree to? 8. What is said of Maryland? What is said 
of her valor and firmness? 



Major General DeKalb. 159 

field cither determined the victory, or saved the 
army in many a hard fought struggle, and her 
firmness in the cabinet gave rise to the formation 
of those States which this day constitutes the pride 
and power of the Republic — the great West. 



CHAPTER XI. 



Tiie Mabyland Line South— Maryland Line sent to 
Reinforce the Southern Department — Passage through 
Maryland — Gates' Folly — Route marked by De Kalb — 
Changed by Gates — Battle at Camden — Dreadful Charge 
of the Marylanders — The whole British force brought 
against the Maryland Line — Virginia Militia. 

1. During the year 17*79, the southern army had 
been unfortunate. Georgia and South Carolina 
were re-conquered by the enemy, and North Caro- 
lina was invaded. 

2 In this critical state of affairs, it was resolved 
by congress that the Maryland and Delaware lines 
should be dispatched to reinforce that department. 

3. In April, 1780, they were accordingly de- 
tached, under the command of Maj. Gen. De Kalb, 
and, after marching through New Jersey and Penn- 
sylvania, embarked at the head of Elk river. 



Questions.— 1. What is said in this section? 2. What did con- 
gress resolve? 3. Under whose command were they placed? 



ICO History op Maryland. 

• 

4. The first and second brigades passed through 

the State early in May. They numbered about 
two thousand men, and most of that gallant and 
veteran army looked for the last time upon their 
beloved State. Yet proudly conscious of their 
noble bearing, and the honor they had won for it, 
they cheerfully marched on to new fields of glory. 

5. The south was calling for their aid, and these 
men, who had shewn their prowess at the north — 
some, sharers with Gist of the bloody day upon 
Long Island, some, who fought at Harlem Heights, 
White Plains, Fort Washington, and through five 
severe campaigns — were hastening thither to cross 
their bayonets with British steel again. 

6. The legislature directed the sum of three 
thousand dollars to be paid to each officer, and, to 
welcome their passage through the State, gratuities 
were distributed among the non-commissioned offi- 
cers and privates. 

7. On their march, they were overtaken and 
joined by Genl. Gates, who had been appointed to 
the command of the southern department. 

8. The broken remains of the cavalry, which had 
served the preceding campaign, had been with- 
drawn to North Carolina to recruit. Its officers 
desired Gates to use his influence to fill his corps. 



Questions— I. What is said of their passage through the State? 
5. What is said in this section? G. How were they welcomed? 
7. By whom were they joined? 8. What is said of the cavalry? 
What did the officers desire ? 



Battle at Camden. 161 

He refused to do so, thinking be had a sufficient 
force for his purpose. He learned to regret his 
folly. 

9. De Kalb had already selected a route for the 
array, somewhat circuitous, but through a fertile 
country, where provisions and supplies could be 
obtained. Gates changed the course to a more 
direct one, but through a barren and exhausted 
district. 

10. The result was disastrous; the men were 
compelled to live on green corn and unripe fruit, 
producing sickness and death. The horses, desti- 
tute of forage, were unable to support the forced 
marches, and the whole army, when it approached 
the enemy, was broken down, and scarcely fit for 
service. 

11. The first battle in which they were called to 
engage was at Camden. Lord Cornwallis, the 
leader of the British, and Genl. Gates, had formed 
the design of surprising each other, and the advance 
parties of each met at half past two o'clock in the 
morning. 

12. After some skirmishing, as if by mutual con- 
sent, both armies ceased their fire, and drawing 
back awaited the dawning of day. The artillery 
opened on both sides at day-break. To teach the 



Questions.— 9. What had DeKalb done? What did Gates do? 
10. What was the result? 11. What was the first battle they were 
called upon to engage in? 12. When did the battle commence? 

14* 



162 History of Maryland. 

Virginia militia to stand the fire of the enemy, Col. 
Otho H. Williams, of Maryland, with a party of 
volunteers, moved in their front against the British 
artillery, to draw and sustain their fire. Cornwal- 
lis immediately threw forward his veteran corps. 
The Virginia militia, scarcely waiting to deliver 
one fire, threw down their arms and fled. One 
regiment of North Carolina militia followed their 
shameful example. Another North Carolina regi- 
ment, however, cheered by the firm bearing of the 
Marylanders, maintained its ground. 

13. At the moment the left wing broke, Corn- 
wallis elated with success, ordered a charge to be 
made on the right. But Gist's brigade was im- 
movable. For a while the terrific struggle seemed 
of doubtful issue — "bold was the pressure of the 
foe," exclaims an eye witness, " firm as a rock the 
resistance of Gist — now the Marylanders were 
gaining ground." 

14. The gallant Howard, at the head of Wil- 
liams' regiment, impetuously broke upon the enemy, 
and drove the opposing corps before him. At 
this moment, Webster, second in command of the 
enemy, brought his veteran guards upon their 
flank. They were instantly met by the second 
Maryland brigade under Smallwood. 



Questions.— 12. What did Col. Williams do ? What did Corn wal lis ? 
What, the Virginia militia? Who followed? 13. What is said in 
this section? 1-1. What is said of Howard ? Of Webster? Who 
met him? 



General Gist. 163 

15. Finding his flank once more protected, and 
his Marylanders bearing up with unflinching valor, 
the brave De Kalb, although outnumbered two to 
one, resolved to make one great and final effort 
with the bayonet. Dreadful was the charge. The 
two lines seemed mingled with each other, the 
weaker going down before the stronger. The vet- 
eran troops of Cornwallis were beginning to give 
way ; a single corps of cavalry would have com- 
pleted the victory. The folly of Gates in refusing 
to recruit that arm of the service, when entreated 
to do so, rendered this impossible. 

16. The advance movement left Smallwood's 
brigade exposed on the flank, which was imme- 
diately attacked by the enemy. But Gist and 
DeKalb continued to maintain their ground. — 
Cornwallis, alarmed at the unexpected resistance 
of the Maryland line, and having before experi- 
enced its desperate valor with the bayonet, now 
brought his whole force upon it. The whole 
British army was poured upon these two devoted 
brigades. 

It Eight hundred men stood their ground 
unsupported, and surrounded by more than two 
thousand British regulars, but fighting on with 
unflinching hearts. The cavalry was suddenly 



Questions.— 15. Describe the charge of the Marylanders? What 
rendered their charge useless? 16. How were the Marylanders 
left? What did Cornwallis have to do 1 17. What is said in this 
section ? 



164 History of Maryland. 

thrown upon their front and rear ; the inequality 
was too great. These gallant men were compelled 
to fly. 

18. The loss was severe. De Kalb was slain. 
The North Carolinians lost four hundred men 
taken prisoners, sixty killed and wounded. But 
the Maryland line and the Delaware regiment suf- 
fered most. The Virginia militia, to the regret of 
all, escaped with the loss of only three men. 

19. The thanks of congress were voted to Gist 
and Smallwood for their exemplary skill and 
bravery on this disastrous day. Lieut. Col. Wil- 
liams was everywhere in the heat of the battle, and 
Lieut. Col. Howard gave proofs of that cool and 
daring courage which distinguished him as one of 
the first and bravest of Maryland's sons. 



Questions.— 18. What is said of the loss? What, of the Virginia 
militia' 19. What did Congress do? What is said of Williams 
and Howard? 



COWPENS. 



165 



CHAPTER XII. 

The Battle of CowpEns — Recruiting— Consolidation of 
the Line — Col. Williams — General Morgan retreats be- 
fore Tarleton — Makes a Stand — Mary landers Sustain 
the Battle — Victory — Col. Howard. 



1. Smallwood 
and Gist remained 
at Charlotte with 
about one hundred 
and fifty officers 
and men to rally 
their scattered sol- 
diers. By certain 
cool and skilful 
measures Small- 
wood succeeded, in 
about ten days, in 
collecting upwards 
of seven hundred 
Gen. Otho Williams. non -commissioned 

officers and men, which number was increased by 
the recapture of a hundred and fifty continental 
prisoners taken at Camden. They were recap- 
tured by Marion, on their way, under escort, to 
Charleston. 




Questions.— 1. What did Smallwood and Gist now do? How many 
did they collect? 



166 History of Maryland. 

2. The seven Maryland regiments of the old 
line, were reduced into one, to be called the first 
Maryland, and placed under Colonel Otho H.Wil- 
liams. The officers who thus lost their commands 
were ordered back to Maryland to take charge of 
recruiting stations. General Smallwood was re- 
tained in the army. General Gates was superseded 
by General Greene. 

3. Srnallwood's detachment was drawn into the 
main army ; and a chosen body of troops, four 
hundred of whom were of the old Maryland line, 
under Colonel Howard, was placed under the com- 
mand of Morgan, to operate on the western quarter. 

4. Cornwallis, learning the movements of the 
American forces, determined to strike a blow at 
Morgan, before he could be joined by the hardy 
mountaineers of the west. 

5. He dispatched about one thousand men under 
Lieut. Col. Tarleton, to pursue him, while he, him- 
self, put the main body in motion to cut off his re- 
treat, if he should escape that active officer. 

6. Morgan retreated with reluctance, although 
he was compelled to do so by the advance of Corn- 
wallis, parallel to his route. Having at length 
gained sufficient time to risk an action with Tarle- 
ton, and having been joined by Geu'l Pickens with 

Questions. — ?. How were the regiments of the Maryland line re- 
duced? Under whom was the regiment placed? 3. What was 
done with Srnallwood's detachment? What, with Howard's? 
4. What is said of Cornwallis? 5. Whom did he dispatch? 6. What 
did Morgan do ? When did he determine to venture a battle ? 



General Morgan. 167 

a body of five hundred militia, he determined to 
await the coming of the enemy. 

7. The ground was open and favorable to Tarle- 
ton, whose cavalry outnumbered that of Morgan 
three to one. As the enemy advanced, Morgan 
addressed his men ; lie directed the militia to 
deliver but two or three volleys, and then to retire 
and form behind the main line. He reminded the 
Marylanders of their past glory, and that victory 
was largely dependent upon them. 

8. Tarleton advanced rapidly. The skirmishers 
delivered their fire, and fell back. The British 
pressed with loud shouts, upon the first line, 
which, undismayed, poured in a close and de- 
structive fire. The enemy continued to advance 
with the bayonet, and the militia having only 
rifles retired in haste. 

9. Believing the victory in their grasp, the 
enemy charged upon the continentals. They were 
met with unshaken firmness. The conflict was 
desperate, and for a time seemed doubtful, but 
the unconquerable spirit of the Marylanders at 
length prevailed, and the enemy began to falter. 
Being reinforced by the reserves, they again ad- 
vanced. 

10. Howard ordered his flank company to 
change front, but mistaking the order it fell back, 

Questions.— -7. What is said in this section? 8. What is said in 
this section ? 0. How was the charge of the enemy met? 10. What 
is said in this section? 



168 History op Maryland. 

upon which the line commenced to retire. Morgan 
directed it to retreat towards the cavalry and as- 
sume a new position. 

11. The British, thinking this movement was 
precursor of a flight, rushed forward with im- 
petuosity and in disorder, to complete the triumph. 
Howard had not yet reached the position marked 
out by Morgan, but perceiving their condition, he 
suddenly faced about, and poured in upon the as- 
tonished enemy a close and murderous fire, and 
then cheering his men, broke in upon them with 
the bayonet. 

12. The charge was terrible and decisive; and 
the day was won. The slaughter of Camden was 
repaid; the whole British infantry was killed or 
taken. The enemy's cavalry had pursued the re- 
treating militia to their horses, and had begun to 
sabre them when Col. Washington charged upon 
them, and drove them before him. 

13. Never was a complete or more glorious 
victory. The force of Morgan did not much ex- 
ceed eight hundred men — only half of whom were 
regulars — and only eighty cavalry — while that of 
Tarleton reached a thousand, comprising three 
hundred and fifty cavalry. This force was entirely 
destroyed. 



Questions.— 11. What did the British think? What did Howard 
do? 12. What is said of the charge? What further is said? 
13. What was the force of Morgan ? What was Tarleton's ? 



Colonel Howard. 169 

14. "The weight of the battle fell npon How- 
ard, who sustained himself admirably in those try- 
ing circumstances, and seized with decision the 
critical moment to complete with the bayonet the 
advantage gained by his fire." Yet he had won 
the battle without orders ; and after he had swept 
the field by his glorious charge, Morgan rode up 
to him and said severely : " You have done well — 
for you are successful — had you failed, I would 
have shot you." 

15. At one moment, Howard held in his hands 
the swords of seven British officers, who had sur- 
rendered to him. Congress awarded him a silver 
medal. 

16. Morgan's aid on this memorable day was a 
young Maryland officer, Major Edward Giles, who 
distinguished himself, and was one of the five offi- 
cers named in the resolution of thanks passed by 
Congress in 1781. 



Questions— li. Who deserves the credit of the victory? What 
did Morgan say? 15. How many British officers surrendered to 
Howard? 16. Who was Morgan's aid? 



15 



170 



History op Maryland. 



CHAPTER XIII. 

Battle op Guilford Court House— Greene's Retreat 
— Williams Covers the Retreat — Battle — Cornwallis 1 
Desperate Resort — George Fox's Remark — Americans 
gain Possession of Strongholds — Unsuccessful Attack 
on Ninety-Sue, 



1. Greene, not- 
finding himself 
strong enough to 
compete with 
Cornwallis, who 
had been rein- 
forced, commenced 
his retreat from 
the Yadkin to the 
Dan. This retreat 
was remarkable for 
its masterly ma- 
noeuvres, its rapid 
marches and se- 
Gen. John Eager Howard. vere duty. At 

times the two armies were within musket shot of 

each other. 

2. Had Williams' corps, which was in the rear, 

become involved with the advance of the enemy, 




Questions.— 1. What was Greene, compelled to do? What was this 
retreat remarkable for? 2. What would have been the result of 
conflict? 



General Greene. 171 

the strength of the army might have been de- 
stroyed, and Greene, no longer covered with light 
troops, would have fallen an easy victim to Corn- 
wallis. 

3. The burden of the retreat, therefore, fell upon 
"Williams, and nobly did he bear it, Scarcely a 
single man was killed or captured, in the face of 
an active, energetic and superior enemy, whose van 
for days was constantly in sight of the retiring 
rear. 

4. Having crossed the Dan, Greene rested his 
army and recruited. Being reinforced, he thought 
he could venture an engagement with Cornwallis, 
which he did in the battle of Guilford Court House, 
on the 18th of February, 1181. In this fight the 
first Maryland regiment checked the left wing of 
the enemy, but the second, which had just been 
raised, fled. 

5. The battalion of guards, which had turned 
the second Maryland, was now attacked by Col. 
Howard. Like a torrent the old Maryland regi- 
meut broke through their ranks, driving them head- 
long from the field with terrific slaughter. 

6. To save his favorite corps from utter annihi- 
lation, and to arrest the progress of the pursuers, 
Cornwallis was compelled to open his artillery upon 



Questions.— 3. Upon whom did the burden of the retreat fall? 
4. Where did Greene rest and recruit? What battle did he ven- 
ture? 5. Describe the charge of Howard's battalion? (k What 
was Cornwallis compelled to do? 



172 History of Maryland. 

them, although every discharge swept through his 
own men. The Maryland brigade lost in this fight 
one hundred and fifty-four officers and men. The 
British General lost nearly one-third of his men. 

*l. The enemy remained masters of the field, but 
the victory was almost as destructive to Cornwallis 
as a defeat. George Fox, in the British House 
of Commons, said of it, "another such victory will 
ruin the British army." 

8. Six days afterward, February 25th, Greene 
was surprised at Hobkirk's hill. The first Mary- 
land regiment, worn down by sufferings, emaciated 
from the scantiness of their food, and brought sud- 
denly to a charge when only half-formed, was seized 
with panie and fled. They rallied, but too late to 
retrieve the day. 

9. Notwithstanding the defeat at Guilford Court 
House, the Americans succeeded in gaining pos- 
session of all the strongholds in the south, with 
the exception of Charleston and Ninety-Six. This 
latter post Greene now hastened to invest. 

10. Learning that Lord Rawdon was approach- 
ing at the head of two thousand men to relieve 
Ninety-Six, Greene determined to attempt it by 
assault. The resistance was desperate and success- 
ful, and Greene was forced to retire. 



Questions.— 7. What is said of victory ? What did George Fox 
say in parliament? 8- What is said of Hobkirk's hill? 9. What 
did the Americans succeed in gaining? 10. What is said of 
Ninety-Six. 



Eutaw Springs. 173 



CHAPTER XIV. 

Battle of Eutaw Springs — Disposition of the Troops 
— Maryland Line charges the Buffs — Desperate Strug- 
gle — Marylanders Complimented on the Field — State 
Threatened with Invasion — La Fayette hi Baltimore — 
Defence of the Bay — Washington's Design — Washing- 
ton at Annapolis. 

1. On the 21st of August, Greene broke up his 
encampment, and hastened to the south to seek the 
enemy now under the command, of Lieut. Col. 
Stewart. He overtook them at Eutaw Springs. 

2. Greene advanced in two lines — the militia in 
front, the continentals in the rear. The Maryland 
brigade under Col. Williams, seconded by Lieut. 
Col. Howard, was on the left wing. 

3. The militia advanced with spirit, and opened 
a heavy fire upon the enemy, which was soon briskly 
returned ; but they maintained their ground until 
the British troops pressed close upon them. 

4. The North Carolina troops were immediately 
ordered up to cover their retreat and check the 
advance of the enemy. This corps, consisting of 
newly raised regiments never before in action, 
pushed forward in good style and the conflict be- 
came warmer. 



Questions.— I. When did Greene return south? Where did he 
overtake the enemy? 2. What was the position of the troops? 
3. What is said of the militia? 4. What, of the North Carolina 
militia? 

15* 



174 History of Maryland. . 

5. Greene now brought up the Maryland and 
Virginia lines, which advanced with a shout, and 
poured in a destructive fire upon the enemy. 
Stewart called up his reserve ; the North Caro- 
linians began to fall back, when Greene ordered 
the Marylanders and Virginians to charge with 
the bayonet. 

6. At trailed arras, cheering vehemently, these 
two gallant brigades, led on by Williams, Howard 
and Campbell, rushed upon the enemy heedless of 
the close and deadly fire, which was repeatedly 
poured in upon them, as they advanced at a rapid 
pace. The shock was terrible. 

7. Howard's regiment was received by the Buffs, 
an Irish corps, which had just joined the army ; 
and here the fiercest struggle ensued. Neither 
would yield ; but, crossing bayonets their ranks 
mingled together, opposing files sank down, each 
pierced with the bayonet of his antagonist. 

8. Thus they were found, grappled in death and 
transfixed together upon the field of the slain, 
marking the spot where the Marylanders and 
Buffs had met in deadly conflict. The officers 
fought hand to hand. So bloody a strife could 
not continue long. The rest of the British line 
gave way, and the gallant Buffs, unable to main- 
tain the conflict with the veteran Marylanders, 



Questions.— 5. Whom did Greene now bring forward? C. De- 
scribe the charge? 7. By whom was Howard's regiment re- 
ceived 1 8. What is said of this struggle ? Who gave way 2 



Marylanders Complimented. 175 

broke and fled. Greene rode up and complimented 
the Marylanders and their commander in the midst 
of the action. 

9- The victory was complete, and the British 
were compelled to retreat. Having obtained an 
unassailable position, the pursuers were recalled, 
bringing with them three hundred prisoners and 
two cannons, one of which was captured by Lieut. 
Duval, of the Maryland line. 

10. Greene attributed his success to the free use 
of the bayonet by the Maryland and Virginia 
troops. The thanks of congress were voted to 
each of the corps engaged. 

11. The spirit of the hostile army was broken, 
and the royal supremacy in the south may be said 
to have terminated, overturned in a great part by 
the bayonets of Maryland. 

12. Whilst the Maryland line was thus gloriously 
occupied in the south, its native State seemed, for 
a time, threatened with invasion. Arnold, the 
Traitor, had been detached to Virginia, at the head 
of an active body of British troops. Cornwallis 
hastened into Virginia, and forming a junction 
with the forces there, took the command of the 
whole upon himself. 

13. La Fayette was at once dispatched by 
General Washington to Virginia, with a small 

Quaitiuns.— 8. What did Greene do? 9. What is said of the vic- 
tory ? 10. To what did -Greene attribute the victory V 11. What is 
said of the hostile army? 12. What invasion threatened Mary- 
land? 13. Who was despatched to make head against Cornwallis ? 



176 History of Maryland. 

force to make head against Cornwallis. He passed 
through Maryland on his way, and was hospitably 
received by the merchants of Baltimore. 

14. Being invited to a ball, he was there ob- 
served to be grave and sad. On being questioned 
by the ladies, as to the cause of his gloom, he re- 
plied he could not # enjoy the gayety of the scene, 
whilst his poor soldiers were without shirts, and 
destitute of the necessities of a campaign. "We 
will supply them," exclaimed these patriotic women. 

15. The pleasures of the ball-room were ex- 
changed for the labors of the needle, and on the 
next day they assembled in great numbers to make 
up clothing for the soldiers. The husbands and 
fathers furnished the materials. The distresses of 
his corps were relieved. The history of this city 
during the last few years has proved that the 
women of the present day, whose kind hearts and 
fair hands have contributed to alleviate the wants 
of the suffering, are worthy descendants of those 
noble women of the revolution. 

1G. Great efforts were made to organize a force 
to repel an invasion, which the open condition of 
the bay might invite. The glory of the southern 
battles had re-awakened the spirit of the people 
of Maryland, and the measures proposed were 
promptly carried out. Provision was made for 

Questions.— U. What anecdote is related of La Fayette? 15. What 
was doue the next day ? 1G. What is said of the defence of the 
bay? 



Washington in Baltimore. IT 7 

tlie defence of the bay, and several severe actions 
took place with the straggling cruisers of the 
enemy. A regiment was ordered to join La Fay- 
ette in Virginia. 

17. Washington, having formed the design of 
destroying Cornwallis, was now anxious to con- 
centrate as strong a force as possible in that quar- 
ter, while the French fleet seized the mouth of the 
bay to cut off the retreat of the enemy. 

18. On the 8th of September, Washington 
passed through Baltimore, where he was received 
with every mark of respect. An address was pre- 
sented to him on behalf of the people, and the city 
was illuminated. 

19. On the 19th of October, 1781, Cornwallis 
surrendered with his whole force of seven thousand 
men. In this hard contested siege, a portion of 
the Maryland troops was engaged, maintaining the 
honor of the State and the fame of the old Mary- 
land line. 

20. In a letter to Governor Lee, of Maryland, 
Washington says, " my present engagements will 
not allow me to add more than my congratulations 
on this happy event, and to express the high sense 
I have of the powerful aid which I have derived 

v from the State of Maryland." 



Questions.— 17. What design had Washington formed? What was 
done in order to carry out this plan? 18. When did Washington 
pass through Baltimore? 10. When did Cornwallis surrender? 
20. What does Washington, in his letter to Gov. Lee, say? 



1VS History of Maryland. 

21. On Washington's passing through Annapo- 
lis, to join the army in the north, that venerable 
city was crowded to overflowing with happy spec- 
tators, and presented one constant scene of enthu- 
siastic rejoicing. 

22. Maryland had the honor of first "saluting 
him as the Patriot, the Hero, and the Saviour 
of his Country. " She had been the first to pro- 
pose him for that station which resulted in liberty 
to his country, and in the admiration of all posterity 
to himself. She was the first to announce to him 
the gratitude of the nation, and to confer upon 
him those titles which were to render his name 
universal and immortal. 



Questions.— 21. What is said of Washington's passage through 
Annapolis? 22. How did Maryland salute him.? 



New Paper Issues. 179 



CHAPTER XV. 

The Close of the Kevolution— New Paper Issues — 
Tory Conspiracy— Plot Exposed — Execution of Leaders 
— Success or Failure — Commissioners from England — 
Spirited Resolution of Maryland Legislature — Close of 
the War* 

1. The Legislature had made every effort to 
prepare for the campaign of 1781. Knowing the 
impossibility of meeting the necessary expenses by 
means of the usual paper money, they determined 
to have recourse to the patriotism of the wealthier 
citizens. 

2. There was a large amount of confiscated land 
unsold, that had belonged to British subjects. The 
Legislature determined to issue two hundred thou- 
sand pounds in notes, secured by these confiscated 
lands, which were pledged to the amount of four 
hundred thousand pounds. 

3. The wealthy and patriotic planters and mer- 
chants agreed to take at their par, or nominal value, 
such amounts as they subscribed for. As the secu- 
rity was sufficient, nearly the whole amount was 
subscribed. For a time the scheme was success- 
ful, but such was the want of confidence in paper 
money of any kind, that in three months, even these 



Questions.— 1. What is said of the legislature? 2. How did the 
legislature proceed to raise money? 3. Did the plan succeed? 
Did the paper mouey retain its value? 



180 History of Maryland. 

bills had depreciated to less than half their nominal 
value. 

4. An extensive alarm was created by the dis- 
covery of a conspiracy to excite an insurrection of 
the disaffected within the State. 

5. At the opening of the campaign of 1181, a 
design was formed of invading the western frontier 
from Canada. A body of British troops was to 
strike at Fort Pitt ; and Col. Conolly, already 
once baffled in his designs in Maryland, was to 
assemble a to ry force to co-operate with him. 

6. Large numbers had been enrolled in Fred- 
erick county, when the conspiracy was discovered 
at Frederick. It is said that a British officer in 
disguise was to meet a messenger of the conspira- 
tors at a designated place, and put into his hands 
papers containing every information concerning its 
progress. 

7. The British officer was deterred from attend- 
ing at the appointed place, and the papers fell into 
the hands of an American officer, who by a singular 
coincidence was at that moment standing where the 
tory expected to meet his correspondent. 

8. The plot and the names of the leaders were 
at once exposed, and efficient measures were in- 
stantly taken. The leaders were arrested and 
convicted. Seven were brought to trial before a 

Questions.— 4. What alarm was excited? 5. What design was 
formed? C. & T. How was the conspiracy discovered? 8. What 
was done with the leaders of the plot? 



Commissioners. 181 

commission presided over by Judge Hanson, found 
guilty and sentenced to death. 

9. Three of their number were executed in the 
Court-house yard of Frederick. They persisted, 
to the last, that they were only guilty of doing 
their duty as lawful subjects of the King of Eng- 
land, and asserted that their judges were moro 
truly deserving the name of rebels and traitors. 

10. Had the result of the revolution been differ- 
ent, a different name would have been given to 
their fate — .which they met with firmness ; for 
whilst one side stigmatized them as traitors, the 
other mourned over them, and honored them as 
true and loyal martyrs. Success makes a revo- 
lution glorious, the want of it leaves the reproach* 
of disgrace upon the unfortunate. Without suc- 
cess the patriots of the Maryland line would have 
been called traitors and rebels to this day, and the 
name of tory, now a reproach, would be proudly 
assumed as a token of loyalty. 

11. As soon as the arrival of commissioners 
from Great Britain, with power to make either 
peace or war with the revolted colonies, was an- 
nounced, the Maryland Legislature unanimously 
resolved, that "though peace with Great Britain 
and all the world, was an object truly desirable, 
war with all its calamities was preferable to national 

Questions.— 9. How many were executed? What did they insist 
upon to the last? 10. What is said in this section ? 11. What did 
the Maryland legislature resolve? 

16 



182 History op Maryland. 

dishonor. That this State could never consent to 
treat with Great Britain, except upon the footing 
of an equal, and would never enter into any treaty 
with that power, which would sully its own honor 
or violate its obligations to France, its great and 
good ally." 

12. The bay-shores were still infested by armed 
galleys and barges, manned by tories and refugees, 
who plundered and sometimes murdered the inhabi- 
tants. The Legislature determined to re-establish 
the marine, and by its rigorous measures the com- 
merce of the bay was relieved, and the inhabitants 
of its shores were protected. 

13. The war was now at an end. Throughout 
the whole contest, Maryland had been distinguished 
for its zeal in support of the common cause. Be- 
sides those enlisted in the independent corps, the 
State companies, and the marine and naval forces, 
she had furnished during the war, to the Conti- 
nental army, fifteen thousand two hundred and 
twenty-nine men, and five thousand four hundred 
and seven militia. 



Questions.— 12. What is said of the bay-shores T 13. What of the 
war? What of Maryland, during the war? 



The Maryland Line. 183 



CHAPTER XVI. 

The Maryland Line— Their Sufferings— The First to 
use the Bayonet— Their Battles — Their Losses. 

1. No troops in the Continental array had ren- 
dered better service, endured more fatigue or won 
greater glory than the Maryland line. In propor- 
tion to their number, no body of men suffered more 
severely. 

2. They were the first to use the bayonet against 
the experienced regulars of the enemy, and that in 
the earliest battle — and throughout the succeeding 
struggles of the war, they were most often called on 
to lead with that bloody weapon into the ranks of 
the foe. They seldom shrank from the encounter. 

3. At Long Island, a fragment of a battalion 
shook, with repeated charges, a whole brigade of 
British regulars. At White Plains, they held the 
advance columns at bay. At Harlem Heights, 
they drove the enemy from the ground. At Ger- 
mantown, they swept through the hostile camp, 
with their fixed bayonets, far in advance of the 
whole army. At Cowpens, and at Eutaw, their 
ranks with unloaded muskets bore down all oppo- 
sition. At Guilford, and at Camden, though the 
victory was not theirs, they fought with a courage 

Questions.— I. What is said of the Maryland line? 2. What were 
they the .Irst to do? 3. Mention the several battles in which they 
distinguished themselves ? 



184 History op Maryland. 

that won the admiration and surprise of the enemy, 
aud brought from Fox, in the House of Commons, 
the exclamation: "one more such victory and the 
British array is ruined." Everywhere they used 
the bayonet with terrible effect. 

4. Entering into the war two strong battalions, 
they were soon reduced to a single company — 
Again swelled up to seven regiments, they were 
again thinned by their losses to a single regiment, 
and before the campaign was well passed, they 
were once more recruited to four full battalions of 
more than two thousand men. 

5. Two of their Colonels, Williams and How- 
ard, were considered the best officers of their 
grade in the army. Grunby, Hall, Smith, Stone, 
Ramsey and Eord, were equal to any others in the 
whole continental service. 



CHAPTER XYII. 



Seat of Government — Annapolis Offered — Action of 
Congress — Washington determines to Resign — Recep- 
tion at Annapolis — Resignation. 

1. It was now an interesting question where the 
seat of national government should be placed. — 
The central position of Maryland drew attention 

Questions.— 4. What is said of their losses? 5. What of their 
officers? I. What was now a question? 



Seat of Government. 185 

in this quarter, and the corporation of Annapolis 
addressed a memorial to the legislature in 1783, 
offering the city to the general government. 

2. The legislature, therefore, offered to the gov- 
ernment the use and possession of the State House 
for their sessions. Other inducements were offered 
to make Annapolis the permanent seat of govern- 
ment. Congress determined to fix the capital in 
Maryland, yet deemed it more prudent to select 
some other place than that already occupied by 
the State legislature. 

3. They resolved to select a point upon the Poto- 
mac, near Georgetown, but for the present, accepted 
the accommodations tendered them by the State. — 
They, therefore, adjourned from Princeton to An- 
napolis. The legislature welcomed them with great 
cordiality, gave up one of their halls for their use. 
Governor Paca surrendered the government house 
to their president. 

4. General Washington had already notified the 
several States of his intention to resign his com- 
mission, and retire to private life. He now has- 
tened to Annapolis, where he arrived on the 17th 
of December, to consummate his purpose. 

5. He was met a few miles from the city by 
Generals Gates and Smallwood, with the most dis- 
tinguished citizens of Maryland. He was greeted 

Questions— 1. What is said of the position of Maryland ? 2. What 
did congress determine ? 3. What did the legislature do? 4. What 
is said of Washington? 5. How was he received ? 

16* 



186 



History of Maryland. 



with enthusiasm by the people. Every one vied in 
doing him honor. 

6. At twelve o'clock, on the 23d of December, 
the gallery, and a great part of the floor of the 
hall of congress, were filled with ladies, with public 
functionaries # of the State, and with general officers. 
The members of congress were seated and covered, 
as representatives of the sovereignty of the union. 
The gentlemen present were standing uncovered. 

7. After a decorous 
silence of a few min- 
utes, Washington rose, 
and in a dignified and 
impressive manner, de- 
livered a short address. 
When he had con- 
cluded, he placed into 
the hands of the Presi- 
dent that great com- 
mission, under which 
he had achieved the 
liberty and indepen- 
dence of America, 
"commending the in- 
terests of our dearest 
country to the protec- 
tion of Almighty God, and those who have the 
superintendence of them, to his holy keeping." 







:0k3jtfflM 




&J 


'M: 




■ v , - - 


IB, ftCTy 


f^fS^J^lllfa 



Questions.— 6. Describe the scene in the State House? 7. What 
did Washington do? What did he say? 



Washington Resigns. 187 

8. The editor of the Maryland Gazette, who 
was present, says : " Few tragedies ever drew so 
many tears from so many beautiful eyes, as the 
moving manner in which his Excellency took his 
final leave of congress." 

9. Then calmly, as if he had not just resigned 
the highest place in his country's gift, and broken 
the sword of his own power for its lasting good, 
that great man retired from that hall which had 
thus been consecrated forever by this noble scene. 



CHAPTER XVIII 



1 783-1780 — D ebt — Public Improvement — Susquehanna 
Canal — Potomac Company —Population of Baltimore — 
Colleges — Constitution of the United Slates Adopted. 

1. The great difficulty the country now had to 
contend with was the debt incurred both by the 
general government and the several states. The 
treasury was empty and credit was gone. So great 
was the scarcity of money that taxes had to be 
paid, to a great extent, in merchandise, or, as it is 
called, in kind. 



Questions. — 8. What is said by an eye-witness? 0. Repeat this 
section? 1. What great difficulty hud the country to contend 
with ? How had taxes to be raised? 



188 History op Maryland. 

2. Maryland was the most prompt of the States 
to take efficient measures to raise money, and re- 
store her credit ; and looking forward to her future 
growth, she laid the foundations of those public 
works which have contributed so materially to her 
subsequeut prosperity. 

3. " The Proprietors of the Susquehanna Ca- 
nal" were incorporated in 1784. The object of 
this company was to construct a canal from the 
Pennsylvania line, along the Susquehanna to tide- 
water. 

4. In the same year, the Potomac Company was 
organized. The object of this organization was, 
"the opening and extending of the navigation of 
the Potomac." The idea originated with the 
greatest men of the day, and General Washington 
took great interest in it. It would open a high- 
way for the already increasing travel from the 
Atlantic to the west. 

5. The Potomac Company was subsequently 
merged in the Chesapeake and Ohio Canal Com- 
pany, and the designs for rendering the river navi- 
gable were abandoned, and other plans adopted. 

6. The removal of the dangers and impediments 
which had obstructed commerce during the war, 
gave the city of Baltimore a new impulse. In 



Questions.— 2. What is said of Maryland ? 3. What company was 
incorporated? 4. What other company? 5. Into what was the 
Potomac company subsequently merged? 6. What gave Balti- 
more a new impetus? 



Colleges. 189 

1782 it only numbered eight thousand inhabitants, 
but from that time it has moved on with rapidity 
and power, and is now regarded as one of the 
most prosperous cities in the Union. 

T. As early as 1782, Washington College, at 
Chestertown, on the Eastern Shore, was incorpo- 
rated. In 1784, St. John's College at Annapolis 
was instituted. These two colleges, at which many 
of the principal men of the State have been edu- 
cated, were in 1805 united under the name of the 
University of Maryland. 

8. On the expiration of the term for which 
William Paca was eligible, in 1785, Maj. Gen'l 
Smallwood was elected governor. Though he 
was honored by the people of Maryland with the 
highest office in their gift, yet, his memory seems 
nearly forgotten. He is- buried in a lonely grave, on 
his paternal estate, now in the hands of strangers. 
He who won so much glory for Maryland lies un- 
honored, without a stone to mark the spot, or an 
enclosure to protect his last resting place from 
desecration. 

9. During the administration of Smallwood the 
Constitution of the United States was adopted. It 
was acceded to by Maryland on the 28th of April, 
1788, by a vote of sixty-three to eleven. 



Questions.— 6. How many inhabitants had it in 1782? 7. What 
college was established in 1782? In 1784? 8. Who was elected 
governor in 1785 ? What is said of him ? 9. What important step 
was taken during his administration ? 



190 History of Maryland. 



CHAPTER XIX. 

The Federal Constitution — Needs of the Country — 
Convention Proposed — Disputes — The Constitution a 
Compromise — Capital — District of Columbia — Property 
Qualifications for Voting Removed — The Ballot substi- 
tuted fur viva voce. 

1. The old articles of confederation were found 
not adapted to the wants of the country in its new- 
condition. There was need of a more centralized 
power, by which the States could be brought into 
closer union, and the general government could act 
more efficiently for the general good. 

2. A convention of all the States, to devise some 
means to give stability to the confederation, having 
been proposed, the legislature of Maryland elected 
five delegates to represent the State. 

3. The convention met at Philadelphia, and 
agreed upon the present Constitution and form of 
government of the United States, which was laid 
before Congress. That body immediately directed 
that copies should be transmitted to the several 
legislatures to be submitted to a convention of 
delegates, chosen in each State by the people. 

4. The condition of the country was such, that 
every one acknowledged the necessity of immediate 

Questions.— 1. What is said of the confederation? What did the 
country need? 2. What was proposed? 3. Where did the con- 
vention meet? What did the convention present to congress? 
What was the action of congress? 4. What two parties were there 
in the country? 



The Federal Constitution. 191 

change. But there were two parties ; one was 
desirous of strengthening State authority, fearing 
that too great centralization of power would ulti- 
mately destroy State independence and popular 
liberty itself, by leaving minorities entirely at the 
mercy of majorities ; the other hoped to derive 
from an efficient general government, unity and 
stability, which would ensure prosperity at home, 
and respect abroad. 

5. The Constitution was a happy compromise. 
The popular majorities were represented in the 
House of Representatives, and State sovereignty 
was represented in the Senate. This protected 
the weak from the strong. It is the remark of 
an ancient philosopher, and history confirms the 
truth of it, that " the weak always desire what is 
equal and just : but the powerful pay no regard 
to it." 

6. The immense popular majorities of a large 
State, regarding only their own interests, could 
control legislation to the disadvantage of the 
smaller States ; but in the Senate the smallest 
State is equal to the largest. Hence, under ordi- 
nary circumstances, the necessities of concurrent 
majorities would prevent unjust legislation, and 
the strong would be compelled to listen to the 
weak, and respect their rights. 



Questions.— 5. What is said of the constitution ? How ? 6. Ex- 
plain further ? 



192 History of Maryland. 

T. This most admirably contrived compromise 
and compact called the Constitution, was ratified 
by the Maryland convention. A certificate of their 
ratification was signed by the members, on the 
28th of April, 1788. 

8. On the 2d of July, 1188, the ratification of 
the constitution by nine States, was laid before the 
old Congress, then still in session, and preparations 
were immediately made to carry it into effect. The 
States were directed to appoint their electors to 
cast their votes for president and vice-president. 
The vote of Maryland was cast for Washington for 
president, and Robert Hanson Harrison for vice- 
president. 

9. The general government had not yet adopted 
any permanent capital. After having hesitated 
between the Potomac and the Delaware, Congress 
concluded to accept the proposition of Maryland, 
and the Potomac was selected. 

10. Commissioners were appointed in 1790; the 
district was laid out on both sides of the Potomac, 
embracing nearly equal portions of Virginia* and 
Maryland, including Georgetown and Alexandria, 
and called the " Territory of Columbia." The new 

*The Virginia portion was afterwards ceded back to that 
State. 



Questions. — 7. When did Maryland ratify the constitution? 
8. When was the ratification laid before congress ? Who was the 
first president? 9. Had the capital been adopted yet? 10. When 
were commissioners appointed? 



Reform. 193 

city, whose site was selected for the Federal Metro- 
polis, was named Washington. 

11. On the 18th of September, 1793, the corner 
Btone of the north wing of the capitol was laid by 
Washington in person. 

12. Prior to 1801, no person was allowed to 
vote unless he possessed a certain amount of prop- 
erty. It was thought necessary that there should 
be a property qualification in voters, in order to 
give them a personal interest in the management 
of public affairs. 

13. The first States to break through this cus- 
tom were Vermont and Maryland. In Maryland 
there was great opposition at first to the extension 
of the right of suffrage, on the part of the senate. 
But it was contended that property was not the 
only interest at stake in the community, or to be 
effected by its government and legislation. The 
rights of life, liberty and character, are to be re- 
garded as paramount to those of mere property. 

14. It is not always the property holders who 
have interest enough in the general welfare, in the 
hour of danger to the commonwealth, to stake their 
lives or liberty in its defence. But being powerful 
in the State, by reason of their wealth, the danger 
is that they will use that power for their own ag- 

Qiie&tions.— 10. What site was selected? 11. When and by whom 
was the corner stone of the capitol laid? 12. What was necessary 
prior to 1801 ? 13. What States were the first to break through 
this custom ? What was contended in favor of enlarged suffrage ? 
14, What is said of property holders ? 

17 



194 History op Maryland. 

grandizeraent, indifferent to the rights, or even the 
sufferings of the masses, who alone can protect 
them in their wealth. 

15. Hence the people of Maryland insisted that 
the power of wealth, in producing class legisla- 
tion, should be checked by the power of numbers, 
every one of whom had life, liberty and character at 
stake, and they succeeded in passing a law giving 
the right of suffrage to every free white male citi- 
zen, twenty-one years of age, who had resided 
twelve months in the State, and six in the county 
prior to the election. 

16. The ballot and the ballot-box were also sub- 
stituted for viva voce vote. In 1809, all clauses 
of the State constitution requiring property quali- 
fications for office holders, were repealed. 



CHAPTER XX. 



1812— "Wak w"ith England— Declaration of War— Two 
Parties — The Position of New England — Of Maryland 
— Riot in Baltimore — Hartford Convention — Admiral 

I Cockburn — His Deeds-^ Defence of Havre de Grace. 

1. Difficulties, which arose from* the jealousy of 
England and her haughty spirit, and which led to 
an interference with the commerce of America, and 



Questions. — 15. What did the people of Maryland insist upon? 
16. What method of voting was introduced? 1. What led to diffi- 
culties with England? 



Commerce versus Honor. 195 

an infringement on her rights as a nation, at last 
resulted in a declaration of war. This was made 
by the United States, on the 11th of June, 1812. 

2. There were two political parties in the coun- 
try, known as the Federal and Democratic. The 
former, as its name implies, favored a strong cen- 
tral government, the latter adopted the theory of 
State-rights. The Federal party opposed the war. 

3. The New England Stales, at first, were quite 
eager for it, because the measures adopted to pre- 
vent so great a calamity, interfered with their com- 
merce. They looked upon war as a remedy for the 
evil, but finding the remedy worse to them than the 
evil, they were thenceforth bitterly opposed to war, 
as both wicked and expensive. 

4. Maryland, and the agricultural States gene- 
rally, thinking the honor of the republic, as well 
as its commerce, were at stake, favored active 
hostilities. The legislature of Maryland voted 
an address to the President of the United States, 
declaring they were ready to submit to all the 
hardships and clangers of war, rather than permit 
outrages upon the honor of the country to pass 
unpunished. 

5. The " Federal Republican," a newspaper pub- 
lished in Baltimore, made such a violent attack 
upon the administration and the war measures, that 



Questions.— I. When was war declared? 2. What two political 
parties? 3. What is said of the New England States? 4. What of 
Maryland? 5. In what lawless manner did the people of Mary- 
land shew their zeal? 



19G History of Maryland. 

a riot was the result ; the office of the paper was 
torn down, and one person was killed. 

6. In New England, on the other hand, where 
the Federalists were in the majority, opposition to 
the war was popular. The Massachusetts legisla- 
ture proposed to call a convention of delegates 
from the several States of «New England, to meet 
and enquire what ought to be done. This was 
called the Hartford Convention. 

Y. It is claimed by the New England historians 
that the objects of this convention were patriotic, 
and that "as the mists of passion fade away this 
becomes more apparent." Whether so, or not, 
it is certain the convention was considering the 
propriety of withdrawing New England from the 
Union, for, in its journal it says, " whenever it shall 
appear that these causes of our calamities are radi- 
cal and permanent, a separation by equitable ar- 
rangement will be preferable' to an alliance by 
constraint, among nominal friends, but real ene- 
mies." The somewhat unexpected close of the 
war prevented further action. 

8. Divided by these elements of internal discord 
the United States went into the war. Whether 
owing to this want of unanimity on the part of the 
people, or to want of skill on the part of the offi- 
cers, the first year of the war was one of misfor- 
tune. 



Questions. — 6. How did New England shew its hostility ? 7. What 
is claimed by the New England historians? What is certain? 
6. What eifect had these dissensions on the war ? 



Admiral Cockburn. 197 

9. Maryland bore part in the deeds of the war 
only through her privateers. Her soldiers and 
sailors were distributed throughout the Federal 
army, and were not, as formerly, distinguished in a 
separate corps. 

10. In 1813, Admiral Cockburn made his ap- 
pearance in the Chesapeake with four ships of the 
line and six frigates. He directed his operations 
against detached farm houses and seats of private 
gentlemen, unprepared for defence; these were 
robbed, and the owners treated in the rudest man- 
ner. The cattle, which could not be carried away, 
were destroyed ; the slaves were armed against 
their owners, and persuaded to attack defenceless 
families. 

11. Although it was impossible to station a force 
at each farm house to repel these incursions, yet 
the spirited citizens of Maryland formed bodies of 
cavalry, which were stationed at intervals along the 
shore. In several instances Cockburn and his ruf- 
fians were bravely repelled by a collection of neigh- 
bors, under no authority and without a leader. 

12. Cockburn took possession of several islands 
in the Bay, particularly Sharp's, Tilghman's and 
Poplar Islands, whence he could make a descent 
upon the neighboring shores. 



Questions— 9. How did Maryland bear her part? 10. "When did 
Admiral Cockburn arrive? What was his conduct? 11. How did 
the Marylanders protect their shore ? 12. What places did Cock- 
burn seize? 

17* 



193 History op Maryland. 

13. Among the places that suffered by this famous 
or infamous Admiral, were Frenchtown, Havre-de- 
Grace, Fredericktown, (on the Eastern Shore), 
and Georgetown, which were taken, plundered and 
burned. 

14. Frenchtown was a small village, consisting 
of six dwelling houses, two store houses and seve- 
ral stables. It was of some importance, however, 
as a place of deposit on the line of packets and 
stages between Baltimore and Philadelphia. — 
Against this village he sent a force of five hun- 
dred marines. A small party of militia from Elk- 
ton collected to oppose him, but moved off as the 
Admiral approached. 

15. Havre-de-Grace was, at that time, a neat 
village, containing about twenty or thirty houses. 
The attack on this place was made on the third 
of May, before day-light. The approach of the 
enemy was announced by cannon shot and the 
firing of rockets. The inhabitants, roused from 
their sleep, leaped up in the greatest consternation. 
The more courageous repaired to the beach, where 
a few small pieces of artillery had been planted on 
a kind of battery. 

16. On the approach of the barges, nineteen in 
number, they all, with the exception of an old citi- 
zen of the place, an Irishman named O'Neill, fled. 



Questions.— 13. What towns were plundered and burnt? 14. What 
is said of Frenchtown? 15. What is said of Havre-de-Grace? What 
of its attack? 16. What is said of O'Neill ? 



His Deeds. 199 

O'Neill manned a gun himself and kept up a fire 
on the approaching enemy until he was disabled 
by a wound in the thigh, received from the recoil 
of the cannon which he was firing. He then con- 
tinued the fight with two muskets, until he was 
captured by the enemy. 

IT. Cockburn's men no sooner landed than they 
set about plundering and destroying. The houses 
were burned, the women had their clothes torn 
from their backs, the horses were maimed and the 
stage coaches were broken to pieces. The church 
edifice was defaced but not burned. The house of 
Commodore Rodgers was also saved. Most of 
the women and children of the place had collected 
here, and at their earnest solicitation the torch was 
not applied. 

18. The enemy now divided his force into three 
parts. One remained at Havre-de-Grace ; one 
party followed the road to Baltimore for several 
miles, plundering the farm houses, and robbing the 
travellers on the road of their clothes and money ; 
the other proceeded up the river, committing simi- 
lar outrages. 

19. On the sixth, they returned to their fleet, 
taking O'Neill with them They threatened to 
hang him as a British subject found in arms ; but 
the determination of the Americans to execute two 

Questions. — 17. What was the conduct of Cockburn'!:' men? 
18. What did the enemy now do? 19. What did they do with 
O'-Neill. 



200 History of Maryland. 

British sailors in reprisal, induced them to spare 
his life. 

20. Fredericktown and Georgetown were two 
beautiful villages on the Sassafras river, situated 
opposite each other, one in Kent, the other in 
Cecil county. On the sixth, placing himself at the 
head of six hundred men, in eighteen barges, he 
ascended the river towards Fredericktown. Col. 
Yeazy had collected here about fifty militia. 

21. On the approach of the barges, which im- 
mediately commenced a heavy lire, the greater part 
of the militia fled. Yeazy, with a few dauntless 
spirits, kept his ground, and maintained a steady 
fire until the enemy was so near that he was com- 
pelled to retreat. The houses were plundered and 
burnt. Georgetown was then treated in a similar 
manner. 

22. Men of the stamp of Cockburn, who do 
not regard the tender years of childhood, nor the 
weakness of women, who illuminate the skies with 
incendiary fires of peaceful hamlets, who, instead 
of alleviating the horrors of war, make it the 
means of gratifying their passions and their ava- 
rice, are not considered as true specimens of the 
soldier. It is not to be wondered at, therefore, 
that we do not find him exposing himself to any 
risks. He threatened Annapolis, but finding it 
prepared for defence, retired. He approached 

Questions.— 20. What is said of Fredericktown and Georgetown? 
21. Describe the attack? 22. What is said of men like Cockburn? 



Battle of Bladensburg. 201 

Baltimore, but five thousand citizens were in arms, 
and he shrunk from the encounter. He preferred 
the safe and profitable, though at that time thought 
inglorious, warfare of destroying or carrying off 
private property. If he won no laurels, he at least 
could console himself with the tobacco and furni- 
ture which he stole. 



CHAPTER XXI. 

Battle of Bladensburg. 

1. The termination of the European war, which 
was waged at this time against Napoleon, enabled 
England to supply a powerful land force to invade 
the interior. 

2. Anticipating that Baltimore or Washington 
would be made the points of attack, a new mili- 
tary district, composed of Maryland, the District 
of Columbia, and part of Virginia, was formed, 
and on the fifth of July, 1814, the command was 
given to Gen'l Winder. 

3. The forces assigned to him were some frag- 
ments of regulars — less than five hundred, mostly 
raw recruits, and some two thousand militia from 
the District of Columbia. He had, also, authority 



Questions.— 1. What enabled England to send more forces to this 
country? 2. What new military district was formed, and why? 
3. What forces were assigned to Gen. Winder? 



202 History of Maryland. 

to call upon the State of Maryland, in case of 
invasion, for six thousand militia, upon Virginia 
for two thousand, and upon Pennsylvania for five 
hundred. 

4. Gen. Winder proposed to call out this militia, 
and to form a camp of three thousand men between 
the Eastern Branch and the Patuxent, and to mass 
the remainder in Washington. Had his plan been 
carried into execution the cities of Baltimore and 
Washington would safely have bid defiance to the 
enemy. But his plan was opposed by the Secre- 
tary of War. 

5. This army of over ten thousand men, existed 
only on paper. When the requisitions were made 
upon the States for their quota, the men were not 
forthcoming. At the beginning of August he had 
only about a thousand regulars upon whom he 
could depend, and about four thousand militia, 
the greater part of whom were quietly at their 
homes. 

6. Such was the condition of affairs when, in the 
beginning of August, news reached Washington 
that a new and large British fleet, under Admiral 
Cochrane, had arrived. This fleet brought Gene- 
ral Ross and four thousand of Wellington's troops. 
To this fleet Cockburn's squadron was added. 



Questions.— 4. What did Gen. Winder propose? 5. What is said 
of this army? How many were there at the beginning of August? 
G. Who arrived at this time ? 



The American Squadron. 203 

T. The American squadron in the Chesapeake 
had been placed under the command of Joshua 
Barney. He was blocked up in the Patuxent, 
where he succeeded, however, by the help of the 
militia, in repelling one or two attacks. 

8. The enemy divided his force into three parts, 
sending one up the Potomac, under Captain Gor- 
don, to open the way to the city of Washington ; 
the other, under Sir Peter Parker, as if to threaten 
Baltimore ; while the main body, under Commo- 
dore Cochrane, consisting of twenty-seven vessels, 
ascended the Patuxent as if to attack Commodore 
Barney's flotilla, but with the real intention of 
attacking Washington. 

9. The enemy reached Benedict on the 19th of 
August, and on the next day landed six thousand 
regulars and seamen. On the 21st, they moved 
toward Nottingham, and on the following day 
reached Marlborough. The British flotilla, con- 
sisting of barges and launches, ascended the river, 
under Cockburn, keeping on the right flank of the 
army. On the 23d, the flotilla of Commodore Bar- 
ney was set fire to by sailors left for the purpose, 
the Commodore, with his men, having already 
joined General Winder. 



tions.— 7. What is said of the American squadron ? 8. What 
were the movements of the enemy? 9. What place did the enemy 
reach? How many did they land? What is said of the British 
flotilla? 



204 History op Maryland. 

10. The enemy reached Bladensburg, a village 
about six miles from Washington, without oppo- 
sition or resistance, on the 24th of August. The 
American forces here were re-inforced by a body 
of twenty-one hundred men, under Gen. Stansbury, 
including the fifth regiment, the favorite regiment 
of Baltimore, under Colonel Sterrett, together with 
several rifle companies, commanded by Maj. Pinck- 
ney, and two companies of artillery, under Myers 
and Magruder, as well as by the sailors and ma- 
rines, already mentioned, under Com. Barney. It 
was determined to make a stand here, and risk a 
battle for the defence of the capital. The action 
commenced at one o'clock. 

11. General Stansbury was stationed on the 
left of. the road leading to Washington, with his 
artillery in a breast work near the bridge over the 
Eastern Branch, with the Baltimore volunteers in 
advance. Col. Beall, with eight hundred militia, 
was placed on the right of the road, and General 
Winder in person commanded the main body, a 
short distance in the rear. The heavy artillery, 
under Commodore Barney, was placed so as to 
command the road. 

12. As soon as the enemy appeared in sight, 
they formed, and moved towards the bridge, but 



Questions.— 10. When did the enemy reach Bladensburg? By 
whom were the Americans re-inforced? What was determined 
upon? 11. What was the disposition of the troops? 12. What is 
eaid in this section ? 



Barney's Battery. 205 

were received with a destructive fire from the bat- 
teries and the Baltimore rifles, and driven back in 
disorder. 

13. They immediately formed again and ad- 
vanced a second time. The head of their column 
was again thrown into confusion, but they at length 
forced their way across the bridge and drove back 
General Stansbury's force, capturing one piece of 
artillery. 

14. Col. Beall's militia retreated with great pre- 
cipitation, and a detachment of Annapolis militia 
was thrown back in disorder on the main body. — 
The enemy now advanced briskly along the road, 
certain of an easy victory, when Barney's battery 
opened upon them in front, and Colonel Millar 
with the marines poured in a heavy fire upon their 
flank. 

15. The first discharge of Barney's pieces swept 
across their columns with terrible effect. Moving 
obliquely to the left, to escape the range of the 
cannon, the British grenadiers fell upon Millar's 
marines. From these they received so warm a 
reception that the advance was driven back upon 
the main body in disorder. 

16. The moment was critical, but from the want 
of a sustaining force, the Americans were unable 



Questions.— 13. Describe what further is said? 14. Who checked 
the advance of tho British? 15. What was the effect of the dis- 
charges of artillery? How did they try to avoid it? 16. What 
prevented the Americans obtaining tho victory? 

18 



206 History ot Maryland. 

to follow up the advantage, and Ross having ral- 
lied his men, extended his front so as to attack the 
marines in front and on both flanks. Being thus 
assailed, the marines could not hold their ground ; 
Col. Millar having been wounded, Capt. Sevier 
ordered them to retire. Barney, no longer sus- 
tained by the infantry, was unable to maintain his 
position, though his gallant sailors worked the 
guns until they were surrounded and some of their 
number bayonetted at their posts. Then, only, 
they retired, leaving their gallant commander cov- 
ered with wounds in the hands of the enemy, who, 
admiring his gallant resistance, treated him with 
great consideration. 

17. The main body of militia and a body of 
regular cavalry and infantry, eager to join in the 
fight, in the moment of victory, by the folly of 
their officers, were ordered to retire. When once 
undisciplined troops look back, a panic seizes 
them 5 it was so at Bladensburg ; an unwilling 
retreat became a rout. 

18. Washington thus fell into the hands of the 
enemy, who burned the capitol, the president's 
house and all the public offices. They then re* 
turned to their shipping at Benedict, having lost 
in the expedition four hundred men, killed and 
wounded, and five hundred prisoners. The loss 

Questions.— 11. What is said ill this section ? 18. What did the 
British uo at Washington? How many did the British lose? 
How many the Americans ? 



Sir Peter Parker. 2GT 

of the Americans was about thirty killed, fifty 
wounded, and one hundred and twenty taken pris- 
oners. 

19. The squadron under Capt. Gordon ascended 
the Potomac as far as Alexandria, which was plun- 
dered of all the merchandise of every description, 
whether in town, or removed within the past ten 
days. 

20. Sir Peter Parker, who ascended the Chesa- 
peake, was not so fortunate as the other officers. 
He landed at night, in the neighborhood of Moor's 
fields, near Belair, Kent county, with the view of 
surprising a party of militia under Col. Reed. In 
this he was disappointed, for the militia, having 
heard the approach of the barges, were prepared 
to receive them. Sir Peter Parker landed with 
two hundred and thirty men. The militia under 
Colonel Reed consisted of one hundred and sev- 
enty men. Sir Peter was repulsed, and soon after 
died of his wounds. 



Questions— 19. What is said of the squadron under Capt. Gordon? 
20. What was Parker's success? 



208 



History op Maryland. 




Battle of North Point, 



CHAPTER XXII. 

Battle of North Point. 

1. General Ross now turned his eyes upon Bal- 
timore. Anticipating his design, the governor hack 
ordered the militia of the State to hold themselves 
in readiness, and large bodies were marched to the 
city for its defence. About seven hundred regu- 
lars, several volunteer and militia companies from 
Pennsylvania and Virginia, increased their strength 
to about fifteen thousand men. 



Question*. — 1. Where did Ross now turn? What had the gov 
eruox oidered2 Who had assembled* 



Defence of Baltimore. 209 

2. They were commanded by General Samuel 
Smith, who had distinguished himself in the revo- 
lution by his gallant defence at Fort Mifflin. One 
division of the army was confided to General Win- 
der, the other to General Strieker. 

3. As soon as it was announced that the British 
were approaching the city, the militia flocked in 
from all quarters in such numbers, that neither 
arms, ammunition nor provisions could be supplied 
them, and the services of many were necessarily 
declined. 

4. The fleet threatening Baltimore consisted of 
about forty vessels — the largest of which anchored 
across the channel — and landed troops at North 
Point, about fourteen miles from the city. 

5. On the 12th, eight thousand troops were 
ready for marching, and sixteen bomb vessels 
proceeded up the Patapsco, and anchored within 
two and a half miles from Fort McHenry. 

6. The defences of the city consisted of this fort, 
commanded by Lieut. Col. Armistead ; two bat- 
teries were erected on the south side, one at the 
Lazaretto, under Lieut. Rutter, the other a six 
gun battery under Lieutenant Steuber. Lines of 
entrenchment were hastily thrown up ; along these 



Questions.— 2. By whom commanded ? How were the divisions 
commanded ? 3. What was the effect of the announcement of the 
approach of the British? 4. What did the fleet consist of? How 
many tr<>ops were landed? 5. What is said in this section ? G. Of 
What did the defences of the city consist? 

18* 



210 History of Maryland. 

breastworks were stationed about four thousand 
men. 

7. As tbe British advanced towards the city, 
General Strieker was ordered forward with three 
thousand two hundred men, to oppose their pro- 
gress. He took a position about eight miles from 
the city, his right resting on Bear Creek, and his 
left covered by a marsh. 

8. In a skirmish with the rifles, who were thrown 
in the advance, the British commander, Gen. Ross, 
was killed. Among' these rifles were two appren- 
tice boys, named Wells and McComas. There is 
a tradition that these boys, concealed behind some 
bushes, fired upon the General as he was advanc- 
ing, and that then rising to see the effect of their 
shot, themselves received the fire of a whole pla- 
toon. Their remains are buried in the City of 
Baltimore. 

9. General Brook, the second in command, con- 
tinued to advance, and, at half-past three, action 
commenced with the main body by a heavy can- 
nonade. 

10. The fifty-first regiment having fallen into 
confusion, while executing an order, failed to keep 
its ground, and by its retreat the American force 
was reduced to about one-third of the enemy. — 
Notwithstanding this disparity the line maintained 



Questions.— 7. Who was ordered forward? 8. Who was killed? 
What is said of Wells and McComas? 9. Who succeeded him? 
10- What is said of the fifty-first? 



General Ross Killed. 211 

its ground with the greatest firmness, pouring in a 
destructive fire upon the advancing columns of the 
enemy. The artillery opened with terrible effect 
upon the left, which was opposed to the gallant 
fifth, which sustained the laurels won at Bladens- 
burg. The front ranks of the enemy were fre- 
quently observed throwing themselves upon the 
ground to avoid the unerring fire that was poured 
upon them. 

11. Finding his force unable to make head 
against the superior strength of the enemy, and 
having given them a severe check, Gen. Strieker 
ordered his line to retire to the position occupied 
by the reserve. This position being too exposed, 
he fell back nearer to the city. 

12. The enemy did not attempt pursuit, and 
the brigade assumed a position near the entrench- 
ments, ready for another struggle with the invader. 
Although the American loss was heavy, it bore no 
comparison to that of the British. The loss of the 
former was twenty-four killed, one hundred and 
thirty-nine wounded, and fifty prisoners ; that of 
the latter was nearly twice as great. The British 
lost their leader, General Ross, who had boasted 
that he would take up his winter quarters in Bal- 
timore. 

13. On the morning of the 13th, the British 
made their appearance within two miles of the 

Questions.— ML What farther is said? 11. What did Strieker now 
do? 12. Did the enemy pursue? What was the loss on each 
•6ide ? 13. Where did the British next appear ? 



212 



History op Maryland. 



entrenchments, on the Philadelphia road, as if 
endeavoring to gain the flank of the American 
position ; but being baffled by Gen. Smith, they 
retired to their former position. 




Battle Monument. 



CHAPTER XXIII. 

Bombardment of Fort McHenrt. 

1. Having failed to take the city by land, the 
enemy hoped that an attack by water would be 
more successful, and on the evening of the 13th, 
the fleet began to bombard the fort. 

Que&lion*— 1. What took place on. the 13th?: 



Bombardment of Fort MoHenry. 213 

2. The garrison was composed of three com- 
panies of United States artillery, and three vol- 
unteer city companies, under Capt. Berry, Lieut. 
Pennington and Capt Nicholson, besides six hun- 
dred infantry; in all about one thousand men, 
under Col. Armistead. 

3. The fleet being anchored two miles from the 
fort, and out of reach of its guns, the latter was 
compelled to receive the fire in silence. But a 
supposed advantage having been obtained, several 
vessels were brought within range. The batteries 
immediately opened upon them with such effect, that 
they were driven back to their former position. 




Bombardment of Font McIIknrv. 



Questions.— 2. What composed the garrison ? 3. What is said in 

LhLs section? 



214 History of Maryland 

4. During the night several rocket vessels and 
barges, with fourteen hundred men, supplied with 
scaling ladders, passed silently by the fort, and 
entered the Patapsco. Suddenly as they drew 
opposite the six gun battery, Lieut. Webster, its 
commander, opened upon them with terrible effect. 
The fort and ten gun battery, also poured in their 
fire. The havoc was dreadful. One of the barges 
was sunk, and the cries of the wounded and drown- 
ing, could be plainly heard upon the shore. The 
rest, having suffered a heavy loss, retreated to the 
fleet 

5. Just previous to the bombardment, Francis. 
S. Key, Esq., had, under a flag of truce, gone on 
board of the enemy's fleet, to obtain the release of 
a friend who had been taken captive. He was 
himself detained until after the bombardment. — 
During the night he composed the national song, 
" The Star Spangled Banner," descriptive of 
the scene which was passing, and of his own 
excited feelings. 

6. Baffled by land and by water, the enemy de- 
termined to abandon the expedition. The troops 
were embarked on the 15th, and, on the 16th, the 
hostile fleet dropped down the Chesapeake, leavings 
the city filled with joy at her triumphant preserva- 
tion, mingled with sorrow for the brave men who- 
had died to defend her. 



Queatiom. — 4. What was done during the night? How were they 
received? 5. What national song was composed this night J 
6. What is said in this section? 



Peace. 215 

7. Early in the ensuing year, the war was closed. 
The treaty of peace was signed at Ghent on the 
24th of December, 1814, and ratified by the United 
States, on 1 7 th of February, 1815. 



CHAPTER XXIV. 

1-"815-1848 — Eeform — Internal Improvements — Chesa- 
peake and Ohio Canal — Rail Roads — Baltimore and 
Ohio Rail Road — Other Rail Roads — Colonization 
Society — Pecuniary Crisis — Mexican War. 

1. The people of Maryland began now to turn 
their attention to the affairs of their own State. 
Baltimore had grown very rapidly and under the 
existing constitution, her representation in the 
legislature was not proportioned to her popu- 
lation. 

2. By the system of that day, a minority of the 
people could determine the choice of the senate, 
the governor and council, and the legislature. 

3. The senate was not chosen directly by the 
people, but by electors, two from each county, and 
the governor was appointed by the legislature ; 
thus the influence of ten small counties, if brought 
to bear, could overpower that of the larger. 



Questions. — 1» What is said of Baltimore? 2. What of the senate 
and governor? 3. How were they chosen? 



216 History of Maryland. 

4. After many years of fruitless efforts, a reform 
was effected. The election of the governor was 
given to the people, and his term of office fixed for 
three years. The council was abolished, and a 
secretary of State provided. The senate was re- 
organized and was to be elected by the people. 

5. The constitution of the house of delegates 
was materially altered, and the number of dele- 
gates was distributed more in accordance with the 
population of the several counties and towns. 

6. In 1823, the subject of internal improvements 
became an absorbing theme in Maryland. The 
immense mineral resources of the western part of 
the State, the iron and the coal made it importaut 
that the designs of the Potomac Company should 
be completed. But after repeated efforts, it was 
found that the mode of navigation proposed by the 
Potomac Company was insufficient. 

7. It was, therefore, proposed to incorporate a 
new company, to which the old one should surren- 
der its privileges, for the purpose of making a 
canal along the river to its head, and thence to 
the Ohio. In pursuance of this plan, the Chesa- 
peake and Ohio Canal Company was incorporated 
in 1824. 

8. This canal bad its terminus at Georgetown. 
The city of Baltimore naturally feared that the 

Questions.— 4. What change was made? 5. What change in the 
house of delegates? 6. What is said of internal improvements? 
7. What new company was formed? 8. What is said of Baltimore ? 



Internal Improvements. 217 

trade with the west would be drawn from her. As 
she had no means of competing by canal or water 
routes with the interior, her attention was drawn 
to railways. 

9. At this time, rail roads were an untried nov- 
elty. In England, the engineers and capitalists 
were agitating the subject of this means of trans- 
portation between Liverpool and Manchester, — the 
first passenger rail road ever constructed, — and 
simultaneous with this movement the leading citi- 
zens of Baltimore were contemplating the organi- 
zation of a company to build the Baltimore and 
Ohio Rail Road — the first in this country. 

10. The first persons to propose this measure 
were George Brown, Esq., and his associate, 
Philip E. Thomas, Esq. The far-reaching saga- 
city of these men, and the wonderful results that 
have developed themselves in connection with this 
road, render their names as worthy of honorable 
mention as those of any that grace the history of 
Maryland. 

11. In February, 1827, these men called a meet- 
ing of the citizens of Baltimore, and a memorial 
was, at once, presented to the legislature : in ten 
days after a charter was granted. 

12. A rail road was also projected from Bal- 
timore to York, Pennsylvania, and an act of 



Questions.— 9. What of rail roads? 10. Who were the first to pro- 
pose the Baltimore and Ohio Rail Road? 11. When was the first 
meeting called? 12. What other road was projected ? . 

19 



218 History of Maryland. 

incorporation was obtained, under the title of the 
"Baltimore and Susquehanna Rail Road." The 
title was subsequently changed to " Northern Cen- 
tral Rail Road." The "Western Maryland Rail 
Road " was also projected, but for many years it 
was suspended. The Washington Branch of the 
Baltimore and Ohio Rail Road was also built. — 
This branch has proved very profitable to the 
State. 

13. During this period, the American Coloniza- 
tion Society was formed, for the purpose of estab- 
lishing colonies on the western coast of Africa, and 
of settling there those emancipated blacks, who 
should be willing to return to the land of their 
forefathers. A branch of this Association was 
immediately formed in Maryland. Finding that, 
by its connexion with the National Society, it was 
liable to the vexatious interference of Northern 
abolitionists, it determined to form an independent 
organization, and plant a separate colony under 
the name of " Maryland," in Liberia. This society 
received aid from the State, by an annual appro- 
priation of one thousand dollars. 

14. In 1837, a great financial crisis occurred. 
There was great distress in all parts of the coun- 
try. Suspensions and failures in business became 
of every day occurrence. In addition to private 
distress, the national treasury itself was plunged 
into a state of bankruptcy. 



Questions— 13. What is said of the Colonization society? 14. What 
occurred in 1837? 



Financial Crisis. 219 

15. Of course, Maryland did not escape. Her 
liabilities were very great, as the State had sub- 
scribed very liberally to the public improvements. 
It was found that, on the first of December, 1840, 
there would be a deficit in the treasury of six hun- 
dred thousand dollars — an amount almost twice as 
great as the whole revenue of the IState. 

1G. Instead of following the example of some of 
the other States, by repudiating her debts, it was 
resolved that a direct tax should be levied on the 
property of the people ; as a means of revenue, it 
also adopted the stamp system on all pecuniary 
obligations. By the energetic measures recom- 
mended by Governor Pratt, she redeemed her 
credit, and her financial condition has ever since 
been highly prosperous. 

17. In the Mexican war, which broke out in 
1845, Maryland was represented by many brave 
and distinguished heroes, among whom was Maj. 
Samuel Ringgold, who, at the head of his battery 
of light artillery, had distinguished himself through- 
out that conflict. He was killed at Point Isabel, in 
Texas, May 11th, 1846. He is buried in Green- 
mount cemetery, near Baltimore. 

18. Colonel Win. H.Watson distinguished him- 
self at the battle of Monterey. He fell a victim 
to his ardor. Struck by a cannon ball, he sunk in 



Questions.— 15. What is said of Maryland? 16. How did she re- 
lieve herself of her difficulties? 17. What is said of the Mexican 
war? Of Major Ringgold? 18. What is said of Col. Watson? 



220 History of Maryland. 

the arms of Capt. Oden Bowie one of his com- 
rades, since made Governor of this State, and 
expired. 

19. Lieut. Randolph Ridgeley, who distinguished 
himself at the battle of Resaca de la Palma, and 
who had passed unscathed through so many scenes 
of blood, was instantly killed by being thrown from 
his horse. 

20. In the battles of the valley of Mexico, the 
Maryland company of Voltigeurs was distinguished 
in the storming of the Castle of Chapultepec, where 
they were thrown in the advance. Captain John 
Eager Howard, grandson of the hero of Cowpens, 
was the first officer to cross the parapet, and to leap 
down amidst the bayonets of the foe, slaying seve- 
ral of the enemy with his own hand. Capt. Archer 
and Lieut. Swan were also distinguished for their 
courage. 

21. Thus stood Maryland in 1848. Its credit 
established ; its property redoubled ; its internal 
improvements hastening to completion ; its me- 
tropolis growing with a rapidity almost beyond 
precedent; its commerce, agriculture and manu- 
factures flourishing and improving, and its people 
proud of its past history, were welcoming home 
those gallant sons who had so sustained her repu- 
tation with the brave old Maryland Bayonet. 



Questions.— 10. What is said of Lieut. Ridgeley? 20. What is paid 
of the Maryland company in the battles of the valley of Mexico? 
Of Howard? 21. What is said of Maryland in 1818? 



New Constitution. 



221 







The Thomas viaduct on the Tatapsco. 

CHAPTEIl XXV. 

He-Survey of Mason and Dixon's Line— New Con- 
stitution — Completion of Baltimore and Ohio Rail Road 
— Its Communication with Europe — Southern Boun- 
dary Line of the State — Commission appointed to Re- 
trace the Line. 

1. Very little of interest occurred after the Mexi- 
can war, until the civil war of 18G1. In 1849, a 
revision was made of the boundary line betweeu 
Maryland and Pennsylvania. The re-survey was 
made by commissioners appointed by the States of 
Maryland, Delaware and Pennsylvania. So accu- 

Questton.— I. What is said of the re-survey of Mason and Dixon's 
line ? . 

u* 



222 History of Maryland. 

rate was the work of Mason and Dixon, that the 
change involved by the corrections amounted to 
less than two acres, which were added to the area 
of Maryland. 

2. In 1851, a State Convention was appointed 
to form a new constitution. By this constitution 
lotteries were made illegal ; imprisonment for debt 
was abolished; the judiciary was made elective; 
and, the fees of the officers were not allowed to 
exceed three thousand dollars ; all in excess of 
this amount was to be paid into the State treasury. 
Other changes were made, but they were not of a 
permanent character. 

3. On the first day of January, 1853, the Balti- 
more and Ohio Rail R,oad was finished to the Ohio 
river. It had been promised two years before, that 
it should be completed on that day, and true to the 
time appointed, the first passenger train from Bal- 
timore arrived at the bank of Wheeling Creek. 

4. Thomas Swann, Esq., subsequently governor 
of the State, was president of the road at that 
time. It was to his boldness, eloquence and con- 
fidence, sustained by the skill, experience, energy 
and caution of the chief engineer, Benjamin H. 
Latrobe, Esq., that this work was carried through 
its difficulties to a successful completion — a work 

Questions.— 2. State some of the changes made by the Consti- 
tution of 1851? 3. When was the Baltimore and Ohio Rail Road 
completed? What had been promised two years before? 4. Who 
was president of the road at that time? To what was the com- 
pletion of the road due? 



Southern Boundary. 223 

whose importance to Maryland, and particularly 
to Baltimore, can never be over-estimated. 

5. Upon its completion, Mr. Swann resigned. 
The presidency of this corporation, which exercises 
so controlling an influence over the whole business 
of Maryland, and even of neighboring States, has 
fallen into able and trustworthy hands. Such 
judicious connections have been made with western 
roads, that the distance between the seaboard and 
the great west, finds its shortest line along the Bal- 
timore and Ohio Rail Road, which is, therefore, 
destined to form a part of the great highway be- 
tween the two Oceans. 

6. Availing themselves of this fact, the company 
have made direct communication with Europe, by 
means of two lines of steamers, one to Liverpool 
and the other to Bremen. By the exercise of 
energy and tact, Baltimore was, in 1868, in this 
way, the only American owner of Trans- Atlantic 
steamers, and that, too, without the aid of govern- 
ment subsidy. 

7- The southern boundary line of this State was 
described in the/ charter as " a right line drawn 
from the promontory, or head-land, called Wat- 
kins 1 Point, unto the main Ocean on the East." 
In 16G1, a dispute arose as to the precise location 
of Watkins' Point. 

Questions. — 5. When did Mr. Swann resign? Who is the present 
president? What connections have been made? 6. What is said 
of communication with Europe? 7. How was the southern boun- 
dary of the State described in the charter? When did a dispute 
arise ? 



224 History op Maryland. 

8. This dispute was settled by articles of agree- 
ment between Philip Calvert, commissioner for 
Maryland, and Edmund Scarbrugb, commissioner 
for Virginia, in the year 1668. (See page 1± ) 
By this agreement, Watkins' Point was defined to 
be the whole body of land between the north side 
of the Pocomoke bay and the south side of Anna- 
messex bay, now Big Annamessex river. 

9. The commissioners ran what was intended to 
be an east line, from " the extremest part of the 
westernmost angle of the said Watkins' Point." 

10. All of the existing maps of Maryland and 
Virginia being incorrect, the points named did not 
conform with the provisions of the charter; and, 
the time and manner of the early settlement of the 
boundary line being almost forgotten, the old ques- 
tion of the locality of Watkins' Point was revived. 
In 1858, Thomas J. Lee, Esq., was appointed 
commissioner for Maryland, in conjunction with a 
commissioner from Virginia, " to retrace and mark 
the boundary between Smith's Point, at the mouth 
of the Potomac, and the Atlantic." 

11. The commissioners, in retracing the line 
from Watkins' Point, discovered that it did not run 
east. By the agreement in 1668, it was intended 
to be an east line, or a parallel of latitude ; and 

Questions.— 8. How was the dispute settled? 9. What was the 
line intended to be? 10. What is said of the maps of Maryland? 
Of the settlement of the dispute? When was a commission ap- 
pointed to retrace the line? Who was appointed for Maryland? 
11. What did the commissioner discover? 



Southern Boundary. 



225 



such a line would add about twenty-three square 
miles to Maryland. But as the error in the line 
was probably due to not taking into the account 
the variation of the compass, and as its direction 
was fixed by marks, the commissioners simply 
renewed such landmarks as were either lost or 
destroyed, and did not look to any change in 
the present limits of the State. 




Near View op Thomas' Viaduct. 



Questions. — 11. What is the probable cause of this error Did 
they propose any change? 



226 History of Maryland. 



CHAPTER XXYI. 

Character of the Period — Election of Lincoln — 
Southern Vleivs of the Government — Northern Views 
— The Feelings of Mary land — Its Geographical P<>*i- 
Hon — Not prepared to Secede — Slave Properly — Excite- 
ment — Riot in Baltimore. 

1. The period upon which we are about to enter 
is one of great gloom. It was characterized by 
that civil war, from the effects of which the whole 
country is still suffering. 

2. The election in 1860, of Abraham Lincoln as 
president of the United States, by the anti-slavery 
party, alarmed the people of the South for the 
safety of their institutions. They declared that 
the compact of the constitution had been violated 
by previous acts of the Northern States, and that 
their rights, both political and personal, were now 
in danger. They, therefore, asserted and exercised 
the right of separation from the Union. 

3. There had always existed two parties in the 
country, differing in their ideas of the fundamental 
principles of the government; one had favored a 
strong central, or a federal government, the other, 
as was mentioned in the chapter on the Federal 
Constitution, fearing that too great centralization 



Questions, — 1. What is said of this period? 2. What was the 
effoct of the election of Lincoln ? 3. What two parties had always 
existed ? 



Southern Tiews. 227 

would ultimately destroy State independence, and 
popular liberty, asserted the States Rights doc- 
trine. 

4. Although Massachusetts, as early as 1811, 
was perhaps the first to avow and maintain that 
withdrawal from the Union was the " privilege of 
all and might be the duty of some," the States- 
rights party had its strength mostly in the Southern 
States. 

5. The State in which he was born ; the laws 
under whose protection he lived ; the institutions 
by which he was surrounded ; the common inter- 
ests and sympathies of his section ; the scenes of 
his childhood ; his home ; the history of his State 
as a State, in which he had so much pride, and of 
which he himself, or his ancestors were a part ; 
these made for the Southerner his country, these 
claimed and received his allegiance. 

6. The interests, the sympathies, and the habits 
of thought of the Northerners were different, and, 
in many respects, opposed to those of the South- 
erners. The population of that section was greatly 
modified by immigration, and its bulk increased far 
beyond the natural increase by births. 

7. This vast army of foreigners, with their de- 
scendants, had no social or historic associations 



Questions.— 4. What State first asserted the right of secession ? 
Where was the States-rights party the strongest ? 5. What is said 
of the people of the South ? fi. What, of the North ? 7. How did 
the foreigners regard the country ? 



228 History op Maryland. 

connected with the State which chance, interest, 
or necessity had determined as their future home, 
and it is natural that they should look upon the 
country as a unit; not as a union of several States, 
but as a consolidated nation. And thus when the 
Federal Government determined to resist, with all 
its power, the act of secession on the part of the 
Southern States, the old party divisions in the 
North were, to a great extent, obliterated, and 
nearly all united on the idea of a national unity. 

8. The people of Maryland were devoted to the 
union, and loyal to the Constitution ; but the sym- 
pathies of the majority of the State were upon the 
side whose interests and institutions were identical 
with their own. These people looked upon the 
preparations of the Federal Government as a viola- 
tion of the Constitution, and as an unlawful aggres- 
sion upon the rights of the Southern people. 

9. The geographical situation of Maryland ren- 
dered it desirable to the Southern States that she 
should join them. The Federal Capital was within 
her border, and should Maryland secede, Wash- 
ington would become the capital of the Southern 
Confederacy. But this geographical position, on 
the other hand, operated to deter her from that 
step. On the north and east she was bounded by 
Pennsylvania and Delaware whence, as there was 

Questions.—!. At the breaking out of the war which side did they 
espouse ? 8. What is said of the people of Maryland ? 9. What, of 
its geographical situation T 



Slave Property. 229 

no barrier to prevent an invasion, she could be 
overrun by the Northern forces. The South, to 
meet these forces, would be compelled to send 
adequate numbers to the borders of Maryland, 
and thus this State would be the battle-ground 
of the two sections. 

10. Notwithstanding their sympathy with the 
Southern brethren, and their belief that the South- 
ern States were exercising a natural and constitu- 
tional right, the people of this State were not yet 
prepared to think they had sufficient cause to leave 
the Union, but thought they should contend for 
their rights in the Union, and, therefore, were not 
willing to make their territory desolate in order to 
enforce an act of which they doubted the wisdom. 

11. Again, many thought her large slave prop- 
erty would, in the event of Maryland's seceding, 
immediately leave for the neighboring free State of 
Pennsylvania, and thus, beside depriving her citi- 
zens of property valued at fifty millions of dollars, 
the State would be left comparatively bare of labor 
for the cultivation of the soil. She would cease to 
be a slave State, and hence have less interest in a 
a union with slave States, and at the same time 
would be in a hostile position towards the free 
States. There were also not an inconsiderable 



Questions.— 9. What other effect had this geographical situation? 
10. Did the people of Maryland think the act of secession a wise 
one ? 11. What other cause deterred Maryland from uniting with 
the South ? 

20 



230 History of Maryland. 

minority, with the Governor at their head, who 
looked upon secession as treason, and upon all 
acts or words looking that way as treasonable, 

12. A feeling of intense excitement, therefore, 
pervaded all classes, especially in the city of Bal- 
timore. Many prominent men had expressed their 
views on both side3, and meetings had been held 
in favor of uniting with the South, and also against 
any such step. On neither side, however, was there 
any organization. Great efforts were made to in« 
dnce Governor Hicks to call an extra session of 
the Legislature. The Governor opposed this, 
thinking it involved a seizure of Washington, and 
the prevention of the inauguration of President 
Lincoln. The Governor was supported in his 
course by a large number of citizens on the East- 
ern Shore and in the Western counties. The 
Southern counties, however, and the city of Bal- 
timore were emphatic in their denunciation of the 
executive. 

13 When in obedience to the President's call for 
seventy-five thousand volunteers, the sixth Massa- 
chusetts regiment reached Baltimore, on April 
19th, 1861, a disposition was manifested to inter- 
fere with their passage through the city. After 
some of the troops had been transported by car 



Questions.— 12. What was the state of feeling? What was the 
governor desired to do? Why did the governor oppose this? 
Who supported, and who denouueed lam? 13. What happened 
on the 19th of April? 



Riot in Baltimore. 231 

to the Washington Depot, obstructions were placed 
upon the track in the city, which stopped the 
progress of the remainder. These alighted and 
proceeded to march to the Washington Depot. 

14. As the police authorities had no knowledge 
that troops were expected that day, until within 
an hour of their arrival, but a short time was 
allowed to make proper arrangements to preserve 
order. The marshal of the police, Geo. P. Kane, 
Esq., immediately called out a large portion of his 
force, which came, in squads, to the Washington 
depot. 

15. Whatever disturbance there may have been 
in that neighborhood having been quelled by the 
police, an alarm was given that there were more 
troops at the Philadelphia depot, and that the mob 
was tearing up the track. Having sent a hasty 
summons to a body of police to follow him to the 
scene of the riot, the Mayor, Geo. Win. Brown, 
Esq., proceeded alone to the Philadelphia depot. 
When he reached the obstructions on the track, he 
ordered the few policemen that were on the ground 
to remove the obstructions, and his authority was 
not resisted. When he approached the troops, he 
found an attack upon them by a mob had already 
commenced. He immediately placed himself by 
the side of the officer in command, and marched 
with him, doing what he could by his presence and 
personal efforts to allay the tumult. 

Questions. — 14. What is said in this section? 15. What did the 
mayor do? Where did he place himself? 



232 History of Maryland. 

16. Missiles were, notwithstanding, thrown at 
the troops, and some of them were injured. The 
soldiers fired upon the crowd, with fatal effect upon 
distant and innocent spectators. An intense and 
irrepressible feeling was at once aroused ; one of 
the mob seized a musket from a soldier and fired. 
Fire-arms were then freely used on both sides. — 
Three of the Massachusetts regiment were killed. 

IT. At this moment, Marshal Kane, with about 
fifty policemen, from the direction of the Washing- 
ton depot, rushed to the rear of the troops, and 
formed a liue across the street, with their drawn 
revolvers, checking and keeping off the mob. 
Under the escort of this body of policemen, the 
troops finally reached the Washington depot. 

18. The police authorities insisted that they had 
both the disposition and the power to prevent the 
riot had timely notice been given of the arrival of 
the troops, and that, had it not been for the effi- 
ciency of the marshal and his men, the bloodshed 
would have been great. 

19. In the meanwhile, another body of troops 
arrived at the Philadelphia depot. These troops 
were protected by the police until they were sent 
back to Havre-de-Grace, whence they were taken 
in transports to Annapolis. From Annapolis they 
marched to the Washington rail road and were 
thence transported in cars to the Federal capital. 

Questions.— 1G. State what happened? 17. Who appeared at this 
time? 18. What did the police authorities declare? 19. What is 
6aid of another body of troops? 



Destruction of the Bridges. 233 

20. The Governor of Massachusetts telegraphed 
to the Mayor of Baltimore to have the kilied sent 
forward to him. The Mayor, in promising to do 
so, reminded the Governor that the Massachusetts 
soldiers were considered as invaders of the soil of 
Maryland. He also told the Governor that the 
wounded were tenderly cared for, and said : " Bal- 
timore will claim it as her right to pay all the ex- 
penses incurred." 

21. By night, the excitement in the city was so 
great that it was regarded by the police authori- 
ties as impossible that soldiers from other States 
could pass through the city without a fierce and 
bloody conflict at every step, and that great loss 
of life, and possibly the destruction of the city 
itself might ensue. 

22. As the readiest method of averting such a 
calamity was by stopping the immediate arrival of 
more troops from the North, it was suggested that, 
to this end, the bridges on the roads leading to 
the city should be disabled. Governor Hicks hav- 
ing agreed to these views, and given his consent 
thereto, instructions were issued for carrying them 
into effect. 

23. On the 2 1st, Gen'l B. F. Butler arrived with 
troops off Annapolis. He requested permission 

Questions— 20. What did the governor of Massachusetts do? 
What was the reply? 21. What was the condition of the city? 

22. What was thought the best method of averting the calamity? 

23. Who arrived on the 21st? 

20* 



234 History op Maryland. 

from Governor Hicks to land his forces. The 
Governor, in his message to , the General Assem- 
bly, says he refused his consent. The troops, 
however, were landed. The Governor protested 
against this act, as well as against the forcible 
seizure of the Annapolis and Elk Ridge rail road. 

24. Great excitement prevailed on the same day 
in Baltimore. A body of troops, on their way to 
the South, had been stopped at Ashland Station, 
on the Northern Central rail road, by the destruc- 
tion of the bridge. Many of the citizens, both of 
the city and county, armed themselves to resist 
their passage. The troops returned to their State, 
and were sent forward by another route, the Presi- 
dent having agreed with the Governor of the State 
and the Mayor of Baltimore, that no more troops 
should be sent through that city. 

25. Among the troops that were compelled to 
return, was the Seventh regiment of New York, 
the favorite corps of that city. Their trip to 
Washington was regarded by these gay young 
men as a party of pleasure, and they were sur- 
prised to find that they were to be resisted in Bal- 
timore by those with whom, in former days, they 
had exchanged hospitalities. 

26. It was the remark of the officers of this 
regiment that, if the fortunes of war should bring 

Qucstiotis.— 23. State what further is said? 2t. What was the con- 
dition of Baltimore? What did the troops do ? 25. What regiment 
was among those compelled to return? What is said of them? 
26. What remark was made by their officer? 



Riot in Baltimore. 235 

them in conflict with their old friends of Baltimore, 
at the first fire, they would present arms ; at the 
second, they would defend themselves. As this 
regiment was never under fire, it cannot be known 
whether the gallantry of their deeds would equal 
the courtesy of their language. 

27. The exasperation felt towards Baltimore in 
Northern States was intense and universal. At- 
tacks were threatened, not only by troops in the 
service of the General Government, but also by 
independent organizations, sworn to the perpetra- 
tion of all kinds of excesses. 

28. The people of the North regarded secession 
as treason, and the acts of the 19th and 21st of 
April, by the people of Baltimore as aiding and 
abetting treason. The South regarded the right 
of separation from the Union as a sovereign right, 
and while denying the charge of treason, retorted 
that the acts of the Federal Government were 
aggressive, tyrannical, and a usurpation of power 
subversive alike to political and personal liberty. 
Each side may have acted conscientiously, but 
neither side had charity sufficient to make allow- 
ance for the different views of the nature and rela- 
tions of the General Government to the States that 
had prevailed ever since the adoption of the Con- 
stitution. 



Questions— 20. Was this regiment ever under fire? 27. What is 
said of the feeling towards Baltimore in the north? 28. What is 
said in this section? 



236 Histoby of Maryland. 

29. The people of Maryland, while opposed to 
the policy of secession, generally conceded the 
right of a State to secede. Believing that the 
Federal Government had no right to wage war 
against a State for the purposes of subjugation or 
conquest, they refused to regard those as guilty of 
treason who struck a blow at the invaders of their 
soil, on their way to slay their kindred. 



CHAPTER XXVII. 

Meeting or Legislature — Governor's Message — Ad- 
dress to the People — Military Departments — Scott's 
Campaign against Baltimore — Butler's Occupation of 
Baltimore — Non- Resi stance of Baltimore — Habeas Cor- 
pus — Case of John Merryman. 

1. Washington being now safe from the supposed 
seizure by the Southern sympathisers in Maryland, 
there was no reason why Governor Hicks should 
decline to call an extra session of the Legislature. 
But as Annapolis was now in possession of the 
Federal troops, by a proclamation, dated April 
24, he appointed Frederick as the place of meeting. 

2. Accordingly, that body met at Frederick on 
the 26th. The Governor, in his message, briefly 



Questions.— 29. What view did Marylanders take? 1. What i9 
said of calling an extra session of the legislature? 2. When did it 
meet and where? 



Governor's Message. 237 

detailed the startling events that had induced him 
to summon them together, and stated his views of 
the proper course to be pursued by Maryland in 
the present crisis. 

3. His convictions were, "that the only safety 
of Maryland lay in preserving a neutral position 
between the North and the South ; that he could 
not counsel Maryland to take sides against the 
General Government until it shall commit outrages 
upon us that would justify us in resisting its autho- 
rity ; that the geographical position of the State 
forces it to declare for Union and Peace, if it 
would not have every material interest of its 
people destroyed." 

4. On the 27th, the day after their assembling, 
the Senate and House of Delegates issued an ad- 
dress to the people, stating that the fear that their 
deliberations might result in committing the State 
to secession, was groundless, and that they had no 
constitutional authority to take such a step. 

5. In the meanwhile, the General Government 
had created the military department of Annapolis. 
This department embraced the country twenty 
miles on each side of the Washington rail road, 
as far as Bladensburg. Gen'l Benj. F. Butler was 
placed in command of it, with ample discretionary 
power to make him a sort of military dictator. 

Questions— 3. What were his convictions ? 4. What did the leg- 
islature do on the 27th ? 5. What is said of the military depart- 
ment? Who was in command? 



238 History of Maryland. 

6. General Scott, at that time Lieut. Gen'l of 
the United States army, devised a grand campaign 
against Baltimore. His plan was to send a column 
of three thousand men from Washington ; another, 
of the same number from York, Pennsylvania, and 
a third column of three thousand men from Perry- 
ville, or Elkton, by land, or by water, or both, and 
a fourth, of equal strength, from Annapolis. 

7. Either the military education of Gen'l Scott 
was in his way, or he was totally ignorant of the 
condition of affairs in Baltimore. However wil- 
ling the people may have been to resist the Govern- 
ment in sending troops to coerce States, they were 
utterly without arms or organization to carry any 
such wish into execution. 

8. General Butler, however, knew very well how 
utterly unprepared the city was to make opposition 
even to a single regiment, if brought unexpectedly 
to the citizens, and prepared for any emergency. 
He, therefore, asked permission to take a regiment 
or two from Annapolis and march to the Relay 
House on the Baltimore and Ohio rail road. The 
request was granted. 

9. On the 4th of May he issued orders for two 
regiments and a battery of artillery to be ready to 
march at two A. M. The troops were in Wash- 
ington city. In two hours after starting, they were 
at the Relay House. 



Questions— d. What was Gen. Scott's plan against Baltimore? 
7. "What is said of this plan? 8. What is said of General Butler? 
9. What order did he issue on 4th of May? 



PwELay House. 



239 



10. Not only the utter inability to resist the pas* 
sage of troops, but even the want of disposition to 
do so on the part of the citizens, was shewn by the 
fact that on the 8th of May, Col. Patterson landed 
at Locust Point with twelve hundred men. There 
was no other demonstration than the usual assem- 
bling of a crowd to witness the soldiers. Mar- 
shal Kane was present with a body of police, and 
tendered the services of the officers of the civil 
law. His offer was accepted, and there was no 
disturbance. 




Rklat House, Washington Junction, D. & 0. R. R. 

11. Butler remained at the Relay House for a 
week. On the 13th, in the niyrht, when those who 



Questions— 10. Was there any ability to resist troops' Who 
landed at Locust Point? 11. .'low lun« did Butler remain at the 
Relay House, and then what did he do? 



240 History op Maryland. 

were not in bed, were kept in doors by a violent 
rain storm that was raging, he marched with a 
thousand men to Federal Hill. Lieut. Gen. Scott 
called this " a hazardous occupation of Baltimore," 
and regarded it as a " God-send that it was with- 
out conflict." 

12. Scott, whether he really thought that Butler 
had acted with temerity, or whether he was an- 
noyed to find himself so deceived about the condi- 
tion of affairs in the city, insisted upon the recall 
of General Butler. 

13. Butler was succeeded by General Cadwalla- 
der, and the troops were temporarily withdrawn. 
Afterwards, Duryee's Zouaves occupied Federal 
Hill and built a strong earthwork, whose cannon 
commanded both the town and Fort McHenry. 

14. The first act of resistance to the civil law 
on the part of the military, was on May 14th. On 
that day, Judge Giles, of the United States Dis- 
trict Court, issued a writ of habeas corpus for the 
release of a man confined in Fort McHenry. — 
Major Morris refused to obey. 

15. The most noted case, however, of a refusal 
to obey the writ of habeas corpus, was that of 
John Merryman, of Baltimore county, who was cast 
into Fort McHenry, on May 25th. 



Questions.— 12. What did Scott insist upon, and why? 13. By 
whom was Butler succeeded? 14. What was the first act of resis- 
tance to the civil law by the military? 15. Which waa the most 
noted case ? 



Case of Mr. Merryman. 241 

16. Mr. Merryman was charged with holding a 
commission as Lieutenant in a company avowing' 
its hostility to the General Government j with being 
in communication with the army at the South, and 
with various acts of treason. His counsel had an 
interview with the commander of the Fort, and 
requested that he might be permitted to see the 
papers under and by which Mr. Merryman was 
detained in custody. The request was refused. 

17. Mr. Merryman at once forwarded a petition 
to Roger B. Taney, Chief Justice of the Supreme 
Court of the United States, praying for a writ of 
habeas corpus to be issued, commanding General 
Cadwallader to produce the petitioner in Court 
and shew cause for his detention. The writ was 
issued for May 27th. General Cadwallader's re- 
sponse to the writ was a letter to the Chief Justice 
stating the charges against the accused j that he 
was satisfied of the guilt of the prisoner, and that 
he was duly authorized by the President of the 
United States to suspend the writ of habeas cor- 
pus. He concluded his letter to the Chief Justice 
by giving his views of that venerable officer's duty 
in the case. 



Questions.— 16. What was Mr. Merryman charged with? 17. What 
did Mr. Merryman do? What was Gen. Cadwallader's response? 



21 




242 History of Maryland. 

18. The Chief 
Justice immediate* 
ly ordered that an 
attachment forth* 
with issue against 
Gen'l Cadwallader, 
for contempt in re- 
fusing to produce 
the body of John 
Merryman, accord- 
ing to the command 
of the writ of ha- 
beas corpus. On 
the day appointed 
for the return, the 
Marsha] replied that he had proceeded to the fort 
to serve the writ, that he was not permitted to 
enter the gate, and that he was informed, " there 
was no answer to his card.** 

19. The Chief Justice remarked in court that 
the detention of the prisoner was unlawful upon 
two grounds j 

1. That the President, under the Constitution, 
cannot suspend the privilege of the writ of habeas 
corpus, nor authorize any military officer to do it. 

2. That "a military officer has no right to arrest 
and detain a person, not subject to the rules and 
articles of war, for an offence against the laws of the 

Questions.— 18i What did Chief Justice Taney do? What was the 
effect? 19.. What did the Chief Justice decide? 



Chief Justice TaneV. 



Case op Mr. Merryman. 243 

United States, excepting as subject to the control 
of the judicial authority ; and that it is the duty of 
the military to immediately deliver over persons so 
arrested, to the civil authority, to be dealt with 
according to law. It is, therefore, very clear that 
John Merryman is entitled to be set at liberty and 
discharged immediately from imprisonment. n 

20 The Chief Justice subsequently reduced his 
opinion to writing, and filed it with the archives of 
the Court. In this opinion he recited the history 
of the arrest, as given in the petition, and said that 
Gen'l Cadwallader in his return did not deny any 
of the facts alleged in the petition, but had stated 
that the prisoner was arrested by order of General 
Keim, of Pennsylvania ; that it was not alleged in 
the return that any specific act, constituting an 
offence against the laws of the United States, had 
been charged against the prisoner, upon oath, but 
that he appeared to have been arrested upon 
charges of treason and rebellion without proof, 
and without the names of witnesses being given, 
or the acts specified, which, in the judgment of the 
military officer, constituted these crimes. 

21. After discussing the constitutional right of 
the President to suspend the writ of habeas cor- 
pits, the Chief Justice uses the following language : 
" Such is the case now before me ; and I can only 
say that if the authority which the Constitution has 

Questions.— 20. State what is said in this, section,? 21. "What lan- 
guage did the Chief Justice use ? 



244 History op Maryland. 

confided to the judiciary department, and judicial 
officers may thus, upon any pretext, or under any 
circumstances, be usurped by the military power 
at its discretion, the people of the United States 
are no longer living under a Government of laws, 
but every citizen holds life, liberty and property at 
the will and pleasure of the army officer in whose 
military district he may happen to be found." 

22. After stating that his constitutional power 
had been resisted by a force too strong for him to 
overcome, and suggesting the possibility that the 
military officer may have misunderstood his instruc- 
tion, and exceeded the authority intended to be 
given him, and stating his intention to have a copy 
of the proceedings transmitted to the President of 
the United States, he thus concludes : " It will 
then remain for that high officer, in fulfilment of 
his constitutional obligation ' to take care that the 
laws be executed,' to determine what measures he 
will take to cause the civil process of the United 
States to be respected and enforced." The Chief 
Justice declared that the prisoner was improperly 
held, and was entitled to his liberty. 

23. The Legislature of Maryland passed a reso- 
lution declaring "that we deem the writ of habeas 
corpus the great safe-guard of personal liberty, 
and we view with the utmost alarm and indigna- 
tion the exercise of despotic power, that has dared 

Questions.— 22. What further did he say2 23. What resolution 
did the legislature pass 2 



Habeas Corpus. 245 

to snspend it in the case of John Merryman, now 
confined in Fort McHenry." 

24. Within six months no less than one hundred 
prisoners of State, to whom the privilege of habeas 
corpus had been denied, were confined in Fort La 
Fayette, N. Y., alone; and in December, the com- 
manding officer read a document to the prisoners, 
to the effect that the United States would not re- 
cognize any one as attorney for political offenders, 
and that all applications through this usual method 
would be regarded as sufficient reason for detain- 
ing them in custody. They must make their appli- 
cation to the State Department, or in other words, 
to their accusers. 

25. The Attorney General of the United States, 
and a prominent lawyer of Philadelphia, published 
answers to the Chief Justice's decision. The num- 
ber of replies to those answers that appeared 
throughout the North, shewed the deep interest 
taken in the subject of personal freedom, and that 
the minds of many, even in the strife of the hour 
were startled from the fancied security to their 
liberties. 

2C. Mr. Merryman was subsequently released on 
bail, but was never tried, although on two occa- 
sions he demanded this right. On the first occa- 
sion, May, 1863, the case was dismissed by the 

Questions. — 24. Were others deprived of their civil rights? 
25. Who published replies to Chief Justice Taney's decision? 
2G. What fUrther is said of Mr. Merryman! 

21* 



246 History op Maryland. 

orders of the Attorney General of the United 
States. In June, however, he was re-indieted, 
and held so until 1867, when by the direction of 
the United States District Attorney, the case was 
finally dismissed. 



CHAPTER XXVIII. 

Legislative Proceedings — Arrest of Winans — The 
Report on Federal Relations — Resolutions Passed — 
Governor'' s Denied of the Right of Senate to make 
Enquiries. 

1. Shortly after the assembling of the Legisla- 
ture in their extra session, Ross Winans, a member 
of the House of Delegates, was arrested in the 
presence of the Governor of State by an armed 
force under orders of the Federal Government. 

2. The General Assembly passed resolutions 
condemning in the strongest terms this act, and 
declaring " the same to be subversive of the most 
sacred guarantees of the Constitution, and in flag- 
rant violation of the fundamental principles of free 
government." 

3. Other important resolutions were passed by 
the Legislature. The Committee on Federal Rela- 



Questions.— 1. Who was shortly afterwards arrested? 2. What 
resolutions did the legislature pass? 



[Federal Relations. 24T 

lions, -composed of S. T. Wallis, J. H. Gordon, 
G. W. Goldsborough, Jas. T. Briscoe and Barnes 
Corapton, presented a report and resolutions which 
were adopted. 

4. The report contended "that the President in 
■calling upon the militia of other States to enforce 
the laws of the United States in those States where 
the execution thereof was obstructed, was unconsti- 
tutional, and a summons to the people of the two 
-sections to shed each other's blood. It further de- 
clared that the war was chiefly obnoxious to the 
people of Maryland because it was one of sectional 
aggression and domination; that the dominant sec- 
tion had seized upon the name, and flag, and re- 
sources of the General Government to establish its 
dominion over the other section ; that the name and 
sacred memories of the Union were prostrated; that 
it was a war waged against a people of our own 
name and blood, who sought peace and kindly rela- 
tions with us, and who only asked to be let alone, 
and to govern themselves ; that subjugated pro- 
vinces could not be sister States ; that a govern- 
ment maintaining its authorities by armies, could 
not be other than the most uncontrollable of de- 
spotisms; that the South had entrenched itself 
upon the principle of self-government, and that un- 
less the American Revolution was a crime, the De- 
claration of Independence a falsehood, and every 

Questions.-^ 3. & i. What is said of the report on Federal rela- 
tions? 



248 History gp Maryland. 

patriot and hero of 1TT6 a traitor, the South was 
right and the North was wrong npon that issue." 1 

5. The report further discussed the constitu- 
tional right of the President, and insisted "that the 
lawless outbreak in Baltimore on the 19th of April, 
was primarily the fault of those who marched the 
Massachusetts soldiery through that city upon an 
illegal and unconstitutional errand. 7 ' The report 
then discussed the Governor's proposition of neu- 
trality, and pronounced it futile, saying "that the 
only possible position of the State was an attitude 
of submission." It discouraged the calling of a 
convention, "since the military occupation of the 
soil by Northern troops, against the wishes of its 
people, and the solemn protest of the Governor, 
would render futile any attempt at the performance 
of an act of sovereignty. n 

6. The resolutions proposed by the committee, 
and adopted by the legislature, were in accordance 
with the views in the report, viz : " that the State 
of Maryland registers her solemn protest against 
the war which the Federal Government has declared 
upon the Confederate States; that it anxiously de- 
sires the restoration of peace between the bellige- 
rent sections, and implores the President of the 
United Slates to accept the olive branch held out 
to him, and in the name of God and humanity to 
cease the unprofitable strife; that it desires, and 

Questions.— 5. What further did the report discuss? tk "What res- 
olutions were passed* 



Governor Hicks. 249 

gives faer assent to, a recognition of the Confede- 
rate States; that the military occupation of the 
State was in violation of the Constitution ; and, 
finally, that it was inexpedient to call a Sovereign 
Convention of the State, or to take any measure 
for the organizing of the militia." A committee 
was appointed to lay these resolutions before the 
President of the Southern Confederacy, and if 
possible to obtain a general cessation of hostili- 
ties until the meeting of Congress in July. The 
committee "Consisted, from the Senate, of Messrs. 
Brooke, of Prince George's County; Yellott, of 
Baltimore City ; Lynch, of Baltimore County, and 
McKaig, of Alleghany Gounty. From the House 
-of Delegates, Messrs. Harding, of Montgomery ; 
Goldsborough, of Caroline County ; Compton, of 
Charles, and Morgan, of St. Mary's County. 

7. Governor Hicks having changed his attitude 
of neutrality, and taken that of open hostility to 
the South, and fearing that the arms belonging to 
the militia might be used against the Federal 
authorities, had them seized and sent to Fort 
Mc Henry. 

8. Early in June, the Senate ordered that the 
Governor be requested to furnish that body with 
a statement of the facts which induced him to 
reclaim these arms, and why they were sent to 



Questions.— (L What committee was appointed? 7. What is said 
of Gov. Hicks? 8. What order did .the senate pass? 



250 History of Marixanbw 

Fort McHenry ; and aTso*what security he had for 
the restoration of said arms> when demanded by 
the proper authorities of Maryland. 

9. The Governor, in his. message, denied the 
right of the Senate to make the enquiries,, but said 
that "he was satisfied that many of tbem had been 
carried beyond the limits of Maryland for disloyal 
purposes ; that he had good reason to believe 
more would be carried off for a like purpose ; that 
he had placed them in Fort McHenry as a place 
of security ; that his. guarantee for their return 
was in the honor of the United States Govern- 
ment and its loyal officers." 

10. This message of the Governor was submitted 
to the committee on judicial proceedings, who re- 
ported that " the action of the Governor was a 
palpable usurpation of authority, which ought »ot 
to be tolerated ; and that if the Governor was 
right in assuming the position he did, there is no 
power in the State to question his authority or stay 
his hand." 1 

11. The Legislature passed a resolution that the 
Governor be requested to return to the armories of 
the State the arms, that had been removed, and 
that he return to the militia the arms reclaimed 
from them. 55. It does not appear to have been 
done. 



Questions.— 9. What reply did the Governor make? 10. To whom, 
•was the message submitted, and what was the report! lL Whafe 
resolution was passed by the legislature l 



Arrest of Kane. 251 



CHAPTER XXIX. 

Provost ^Iaksiials— Arrest vf Kane— Arrest of Police 
Commissi.o?iers — Habeas Corpus — Military Occupation 
of Baltimore — Action of Legislature. 

1. The administration of General Cadwallader, 
sis commander of the department, having been 
thought too mild by the Federal authorities, he 
was superseded, on June 8th, by General N. P. 
Banks. 

2. Oa the 27th of the month, General Banks 
ordered a large body of soldiers, armed and sup- 
plied with ball cartridges, to march from Fort 
Mc Henry into the city and arrest Marshal Kaue, 
and incarcerate him in Fort Mc Henry, 

3. GenU Banks issued a proclamation announc- 
ing that it was not his design to interfere with the 
legitimate government of the people of Baltimore, 
or Maryland, but that the government regarded 
the Chief of the Police as at the head of a force 
hostile to its authority and acting in concert with 
its enemies. For this reason he arrested him and 
detained him in custody. 

4. The suspension of the writ of habeas -corpus 
rendered it impossible for any competent tribunal 
to decide whether the government was correct in 

Questions.— 1. What is said of Gen. Cadwallader? 2. What did 
<*en. Banks do? 3. What proclamation did he issue? 4. What 
Mas the e.f'ect of the suspension of tne habeas corpus t 



252 History of Maryland, 

in its opinion, either in this instance, or fn many 
others that occurred. The- people of Maryland 
were powerless to .prevent interference with the 
exercise of the functions of the civil courts by the 
military, and the people of the other parts of 
the Union, though many of them saw a threaten- 
ing danger, were willing, for a time, to sacrifice 
their liberties for the accomplishment of an object 
dearer to them than liberty, trusting to be able to 
reclaim all they had yielded, after they had gained 
the object for which they were struggling. 

5. Mr. Kane, after a tedious confinement at Fort 
Warren, Massachusetts, was released on bail. His 
bail bond having expired, and not being called on 
to appear on the appointed day, he left the State. 

6. Col. J, R. Kenly was appointed Provost Mar- 
shal by the military commander, "to superintend 
and cause to be executed the police laws provided 
by the laws of Maryland." Colonel Kenly took 
possession of the headquarters of the Police Com- 
missioners. 

7. The Commissioners of Police, however, having 
maturely considered their duties and obligations 
under the law, protested against the proceedings of 
Gen'l Banks as an arbitrary exercise of military 
power, not warranted by any provision of the Con- 
stitution, and declared that they did not recognize 

Questions.— 5, What farther is said of Kane? 6. Who was ap- 
pointed Provost Marshal, and what did he. do? 7. What did th© 
commissioners of police do? 



Arrest of Police Commissioners. 253 

the right of any of the officers and men of the 
police force to receive orders from any other 
authority than from the Board of Police Com- 
missioners. 

8. On the 1st of July, at 3 o'clock in the morn- 
ing, all the members of this board, excepting the 
Mayor, were arrested and taken to Fort McHenry. 
They were transferred to Fort Lafayette, in New 
York harbor, and on the 6th of August, Judge 
Garrison, of Brooklyn, issued a writ directing Col. 
Burke to produce the persons in court. Colonel 
Burke declined on the authority of an order from 
Lieut. Gen'l Scott. As in the instance of Gen'l 
Cadwallader, Burke was cited to answer for con- 
tempt of court. He did not appear, and on the 
22d of August, Judge Garrison, " submitting to 
inevitable necessity," dismissed the proceedings. 
The prisoners were subsequently removed to Fort 
Warren. 

9. When the morning of July 2d, dawned, the 
principal places of the city of Baltimore were 
found occupied by masses of artillery and infantry. 
The Court House, the Exchange, and many public 
places belonging to the city, were appropriated to 
the use of the troops, who thronged the streets and 
squares by night and by day. 



Questions— 8. What was done with these commissioners? What 
further is said of them? 9. What is said of the city of Baltimore? 

22 



254 History op Maryland. 

10. Meanwhile, Mr. Brown, the Mayor of the 
city, expressed his readiness to Gen'l Banks to 
undertake the management of the police. Gen'l 
Banks declined, but appointed Mr. G. R. Dodge 
Provost Marshal, in place of Col. Kenly, who was 
relieved at his own request. 

11. On the appointment of Dodge, the military 
were removed from the heart of the city. On the 
21st of July, Congress, in spite of the protests and 
solemn remonstrances of the Senators and Repre- 
sentatives from Maryland, passed a bill appropria- 
ting one hundred thousand dollars for the payment 
of the police organization of Baltimore employed 
by the United States." 

12. The reports and memorials of the Police 
Commissioners to the Legislature, were referred to 
a joint committee of the Senate and House of 
Delegates. This committee submitted a report 
denouncing the act of the United States authori- 
ties as a revolution and usurpation "in the garb of 
government, and depending for its legitimacy upon 
bayonets ; " asserting that the State under such 
dominion was no longer in the Union, in effect, 
whatever she might be in name. "She has no 
constitution, no government, no laws that she can 
call her own. She is ruled by external and arbi- 
trary power. Her people are no longer free." 



Questions.— 10. What did the mayor propose? 11. What is said 
in this section? 12. What was the report of the committee? 



Arrest of the Legislature. 255 

13. The Legislature passed a series of resolu- 
tions pronouncing these acts a gross and uncon- 
stitutional abuse of power, and a revolutionary 
subversion of the Federal compact. They ap- 
pealed, in the most earnest manner, to the whole 
country to come to the rescue of the free institu- 
tions of the republic, and ordered copies of their 
resolutions to be forwarded to the Senators and 
Representatives in Congress, and also to the Gov- 
ernors of the several States, and to the Legisla- 
tures. These resolutions were passed August Gth. 
On the next day, the Legislature adjourned to 
meet on the 17th day of September. 



CHAPTER XXX. 



Aurf.st of the Legislature — Elections — General Dix 
— Candidates — Success of the Union Candidate — Oppres- 
sion — Case of Judge Carmichael — Invasion of Southern 
Army — Conduct of Troops — Orders of Lee — South 
Mountain and Antietam — General Wool. 

1. This Legislature never met again. On the 
11th of September, the Secretary of War issued 
orders to General Banks to arrest all, or a part of 
the members. On the morning of the 13th, the 
Provost Marshal, George R. Dodge, arrested the 

Question.— 13. What resolutions were passed? 1. What happened 
on September 11th? 



256 History or Maryland. 

Mayor of Baltimore, and the members of the 
Legislature from Baltimore city, and also those 
from Baltimore county. As fast as the members 
arrived in Baltimore, on their way to Frederick, 
they were arrested. Other members, and the offi- 
cers of the Legislature were seized in Frederick. 

2. No charge was ever made against these men ; 
they were confined for fourteen months, and when 
discharged were as ignorant as on the day of their 
arrest, on what account they had been deprived 
of their liberty. The orders of the Secretary of 
War to Gen'l Banks were, that "the passage of 
any act of secession must be prevented. If neces- 
sary all or any part of the members must be ar- 
rested." There is no evidence that any such act 
was contemplated. Among the baggage of one 
of the members, it is said were found papers that 
looked like amendments to a secession ordinance, 
which, however, had never been proposed. 

3. On November 6th, the regular election for 
Governor and Legislature took place. On the 
28th of October, the Secretary of War had issued 
an order to Gen'l McOlellan, that, in order to have 
a full vote in Maryland, he should grant a furlough 
to the soldiers of the first, second and third regi- 
ments of the Maryland volunteers. These soldiers 
were sent home at the expense of the government. 

Questions.— 2. What were the orders of the Secretary of War ? 
What further is said in this section? 3. What election took 
place ? What order had the Secretary of War issued? 



State Election. 257 

4. General Dix, who had succeeded General 
Banks in command of the department, issued an 
order to the Provost Marshal of Baltimore, "to 
have the polls unobstructed," saying, " we have 
shewn that we can control Maryland by force ; 
we now wish to shew we can control it by the 
power of opinion." 

5. A States-Rights and a Union candidate for 
Governor were proposed. The latter, A. W. 
Bradford, Esq., was chosen by a majority of over 
thirty-one thousand votes. The whole number of 
votes cast was nearly eighty-four thousand. The 
number cast at the presidential election, a year 
before, was about ninety-eight thousaud. A presi- 
dential election always brings out a larger vote 
than any other, and during the year many of the 
voters had left. Some were fearful that Baltimore 
was not a safe place of residence, and had gone 
North ; others had gone to join the Southern army. 

6. It would seem, therefore, that the majority of 
the voters in the State were not only adverse to 
any movement to join her fortunes to the South- 
ern Confederacy, but were even willing to commit 
themselves to the policy of the administration in 
coercing the seceded States. But on the other 
hand, it was claimed that the returned soldiers 
boasted that they had voted as often as they 

Qiifxfinns. — 4. What was Gen'l Dix's order? 5. What candidates? 
Who was elected? What further is said in this section ? G. What 
is said in this section? 

22* 



258 History of Maryland. 

pleased, and, that any one wearing the uniform of 
a Federal soldier, voted without question, whether 
he were a citizen or not. 

7. Among the first acts of the new Legislature, 
after making provision for the relief of the fami- 
lies of the Massachusetts soldiers, who were killed 
and wounded by the rioters on the 19th of April, 
was the passage of resolutions, which were pre- 
sented to the United States Senate on the 2d of 
January, 1862, declaring the unalterable attach- 
ment of the people of Maryland to the Union, but 
that their loyalty was untouched by any shade of 
servility, and that they regarded with jealousy all 
attempts to make the war for the restoration of the 
Union the means of interfering with the domestic 
institutions of the States; that, notwithstanding 
the necessity might exist for the resort to extraor- 
dinary measures, yet, the dangers of a departure 
from the ordinary forms of law, which are the 
protection of individual rights, ought never to be 
forgotten. The resolutions also expressed their 
approval of the President's course thus far in the 
conduct of the war, and their confidence in his 
honesty and firmness. 

8. Notwithstanding the decided stand in behalf 
of the Union — which, by preserving the capital of 
the Republic to the Federal Government in the 



Questions.— 7. What were the first acts of this legislature? 
8. What had Maryland done for the Federal Government? 



Arrests. 259 

beginning of the war, had saved that government 
from total overthrow, and, notwithstanding this 
decided majority for the Union candidates, the 
United States, while calling Maryland a loyal 
State, yet acted upon the theory that she would, 
if supported by the Southern army, unite with the 
South, and pressed her hard with its military hand. 
9. General Dix was very strenuous in his efforts 
to break up all communication with the South. — 
To prove his efficiency, he instituted a system of 
midnight arrests and domiciliary visits. Parties, 
whether old men or delicate women, were seized, 
and in a few hours hurried away, and carried be- 
yond the Federal lines in Virginia, to find friends, 
food and shelter as best they might. The celerity 
with which the military orders were executed, 
afforded no time to examine into the truth of any 
of the charges, and in cases where lenity was 
shewn, it was not on the score of innocence, or 
doubt of guilt, but was due to the personal influ- 
ence of such as might have the ear of the military 
commander. Among the arrests that caused great 
sensation, was that of the Hon. Richard B. Car- 
michael, Judge of the Talbot county court, on a 
charge of treason. The arrest was made when the 
Judge was presiding on the bench. The Judge 
refused to acknowledge the authority by which he 

Questions.— 8. How was she treated by that government? 9. What 
is said of Gen'l Dix? What is said of these arrests? Who was 
among those arrested? 



260 History of Maryland. 

was arrested, and resisted the officer detailed to 
seize his person. The officer then struck him seve- 
ral times upon the head with his pistol, cutting and 
wounding him. The arrest having been made, 
he was placed on a steamer and carried to Fort 
McHenry and placed as a prisoner in charge of 
Col. Morris, commanding the post. 

10. In September, 1862, the Southern army, 
under Gen. Lee, entered Maryland. It crossed the 
Potomac near Point of Rocks, and quietly entered 
Frederick. " These soldiers were in a destitute 
condition in respect to clothes and shoes, yet the 
most scrupulous regard was had to private prop- 
erty. They had no tents, and no baggage wagons. 
If enduring great hardships without a murmur, 
and most bravely and heroically fighting, are evi- 
dences of good soldiers, seldom has the world 
witnessed better than those who composed the 
army of Gen. Lee."* 

11. Gen. Bradley Johnson, a former citizen of 
Frederick, was appointed Provost Marshal, and an 
address was issued to the people of Maryland, 
stating that the army came as friends, and not as 
enemies; that they did not purpose to interfere 
with non-combatants, or to disturb private prop- 
erty, or to inquire into the opinions of citizens ; 

* Appleton's Annual Gazetteer. 



Question*.— 10. What hnppened in September, 18G2? 11. What is 
eaid of Gcn'l Bradley Johnson? 



General Lee. 261 

and that whatever stores they required would be 
paid for. At night, the soldiers were all ordered 
to their camps outside the city. 

12. On the 8th, Gen. Lee issued an address re- 
counting the grievances under which Marylanders 
were suffering, inviting them to throw off their 
yoke, to accept the assistance of his array, and 
once more enjoy freedom of thought and speech. 
The response was not equal to the expectations of 
Gen. Lee. There was as yet no certainty that 
Lee would maintain his position, and owing to the 
divided state of opinion, — a man's enemies were 
often of his own household, — any demonstration 
in favor of the Southern troops would be sure to 
be visited by military punishment, after the depart- 
ure of Lee. 

13. The battle, therefore, that was preparing, 
was that which was to determine the destiny of 
Maryland, if not of the United States. Had it 
been successful, the United States troops would 
have been withdrawn to the main army, and Mary- 
land, free to make her choice, with whatever side 
she united, would become the fighting ground of 
the contending hosts, *and probably have been 
ground to atoms between them. It was too late 
for Maryland to unite with the South, even if it 
had been her wish to do so. 



Questions.— 12. What orders did General Lee issue? 13. What is 
said of the approaching battle? 



2G2 History of Maryland. 

14. Lee was met by McClellan. The first battle 
was fought at South mountain, on the 14th. Three 
days after, on the nth, the celebrated battle of 
Antietam was fought. Night brought an end to 
the battle with the advantage on the side of the 
Federal troops. Gen. McClellan devoted the next 
day to recruiting his troops before renewing the 
attack, but on the night of the 18th, Gen. Lee 
withdrew his forces across the Potomac, and re- 
turned to Virginia. 

15. Gen. Dix was succeeded by Gen. Wool, an 
old army officer, who had rendered distinguished 
services to the country in the Mexican war. Al- 
though his rule was less galling than that of his 
predecessor, the arrest of citizens without legal 
process was carried on to a greater extent in Mary- 
land, than in any other State. Among those 
arrested were Thos. II. Gardner, Clerk of the 
Criminal Court; Col. Thos. R. Rich, Aid to the 
Governor ; Alfred Evans and Thomas Sewall. 

16. These parties were a committee appointed 
at a large Union Mass Meeting, in Baltimore, to 
investigate charges of disloyalty and official cor- 
ruption. While making their report to the vice- 
presidents of the meeting they were arrested by a 
company of soldiers under an officer of Gen. Wool's 



Questions — 14. What is said of the battle of Antietam ? 15. By 
whom was General Dix succeeded? What is said of his rule? 
Who were nrrested? n>. Who were these parties, and what was 
the effect of their arrest? 



Military Departments. 263 

staff, and sent to Fort Delaware. Immediately a 
great outcry was raised by those who had been 
most zealous in procuring military arrests. Gen. 
Wool's course was denounced as tyrannical, arbi- 
trary and unlawful. He was denounced as a 
favorer of the secessionists, and petitions were 
circulated among the active friends of the govern- 
ment for his removal. The President released 
these men. 



CHAPTER XXXI. 

Military Departments — General Schenck — His Vigo- 
rous Rale — Col. Fish — Arbitrary Arrests — Imprison- 
ment of Col. Fish — Invasion of Lee — Alarm in Balti- 
more — Martini Law — Battle of Gettysburg — Seve?tih 
Regiment — Gen' I Schenck' s Fourth of July Order — 
Enrolment of Negroes. 

1. In a division of the country into departments, 
a part of Maryland now lay in the middle military 
department, which embraced several of the con- 
tiguous States, with head-quarters at Baltimore. 
Gen. Wool was severely censured for leniency to- 
wards Baltimoreans, by the people and press of the 
North. 

quest ions.— 1. What is said in this section ? 



264 History op Maryland. 

2. His successor, Gen. Robert C. Schenck, was 
obnoxious to no such complaint. The strictness 
of the military vigilance in Baltimore, will long be 
remembered by those who knew for the first time 
what it was to live under a government, in the 
making of which they had no part, and to criticise 
which was a crime visited by arrest and imprison- 
ment. 

3. Spies were every where, and every man was 
at the mercy of his enemy. No oath or process of 
law was necessary to deprive a man of his liberty. 
Any one, whether instigated by patriotism, avarice 
or revenge, had only to charge another with dis- 
loyalty, or seditious language, or uttering treasona- 
ble sentiments, and the Provost Marshal, Col. Fish, 
would have him, or her, arrested. 

4. As Gen. Schenck's time was occupied, ac- 
cording to one of the papers of the day, in the 
interest of the commanding General, "he could not 
be expected to give such matters a thorough in- 
vestigation," and therefore, the parties " must cul- 
tivate a spirit tff contentment." In the month of 
July, 1863, no less than three hundred and sixty- 
one arrests were made. The nature and founda- 
tion of the charges in many instances were known 
only to Col. Fish. By his command, a lady, Mrs. 
Sterrett, was arrested in this way by Lieut. Marcus 

Queations.— 2. Who was Gen'l Wool's successor, and what is said 
of his rule? 3. What is said in this section? 4. What is said of 
Gcn'l Schenck? How many were arrested in July? 



Arrests. 265 

Sterling. She was seized in her house, hurried in 
a carriage, placed on a steamer and sent South, 
without any examination at the simple dictation of 
the subordinate to a man " who could not be ex- 
pected to give such matters thorough" or even 
any " investigation." 

5. One man was arrested because he had gun- 
powder in his pocket ; two, for using abusive lan- 
guage to some negroes ; another, because he ren- 
dered assistance to some wounded prisoners. Two 
women were arrested upon the same charge; 
another for throwing some pieces of bread in the 
cars to Southern prisoners. Several were im- 
prisoned for charging too much hack hire to 
Federal officers. 

6. A young man, a native of Baltimore, having 
joined the Southern army, was mortally wounded, 
and after his death had been buried by the Federal 
soldiers. At the instance of his mother, his re- 
mains were brought to Baltimore, and his friends 
desired to give him a Christian burial in the lot of 
the family. Gen. Schenck promised they should 
not be molested if the proceedings were conducted 
without display. As soon as the services were 
over, several military officers appeared and arrested 
the male attendants of the funeral. 

7. Mr. B. H. Richardson, a gentleman over 
sixty years of age, his son, and several others were 



Questions.— 5. Describe the arrests in this section? 6. What 
happened at a funeral ? 7. What is said of Mr. Richardson? 

23 



266 History op Maryland. 

arrested, for publishing in their paper a poem 
called the Southern Cross. They were not allowed 
to communicate with any one. The wording of the 
order precluded them from receiving a change of 
clothing, or having an interview with the members 
of their families, or of receiving assistance of any 
kind. They were sent South. Through the in- 
tervention of some friends, the commanding Gen- 
eral found time to attend to the matter, and allowed 
him to take some money with him in his exile. 

8. Hundreds were arrested upon the vague 
charge of disloyalty and uttering treasonable senti- 
ments ; some were sent to Fort McHenry, some to 
Washington, some North, and some South. The 
outrages of the Provost Marshal, his dishonesty 
and corruption, became so rank that he was con- 
victed of felony, and sent to the Albany Peniten- 
tiary. In a few months, however, he was quietly 
pardoned and discharged. 

9. In June of this year, Gen. Lee again entered 
Maryland. A false alarm having been raised that 
a body of Southern cavalry were within seven 
miles of the City of Baltimore, a great excitement 
prevailed. 

10. In expectation of an attack, the city authori- 
ties had taken steps to fortify the city by means 



Questions.— 8. Upon what charge were many arrested? What 
became of Col. Fish? 9. When did Lee again enter Maryland? 
What is said of the alarm in Baltimore? 10. What was done in 
Baltimore? 



Passage op Lee's Army. 2GY 

of barricades, composed of large casks filled with 
stones, and surmounted with a sort of board fence. 
On the occasion of this alarm, men went about 
shouting, "to arms, to arms;" the military were 
under arms all night, and several thousand citizens 
collected at the barricades. 

11. The next day, Geu'l Schenck declared mar- 
tial law. No person was allowed to leave the city 
without a 'pass. Gunboats were also brought to 
bear upon the city. 

12. The Confederate forces, however, were not 
moving towards the city. Gen'l Lee issued very 
stringent orders that his men should respect pri- 
vate property, and not make the helpless and inno- 
cent suffer. The Baltimore' and Ohio Railroad, 
however, being regarded as government prop- 
erty, was injured through a range of eighty miles, 
between Harper's Ferry and Cumberland. Bridges 
and water stations were burned, and machinery 
and telegraphs were destroyed. 

13. The Confederate army passed through Mary- 
land to Pennsylvania. Having met the Federal 
army at Gettysburg, it was defeated, and returned 
to Virginia. The battle raged during the 1st, 2d 
and 3d days of July. 



Qttestions. — 11. "What did General Schenck do? 12. What were 
General Lee's orders? What did the Confederates destroy? 
13. Where did the Confederate army meet the Federal army, and 
what was the result? 



268 History op Maryland. 

14. During the absence of the fighting soldiers, 
who were needed in the field, the seventh regiment 
of New York returned to Baltimore, to act as a 
sort of provost guard, or military police. Their 
neat uniforms and cleanly appearance, as well as 
their social position with those of their own party, 
formed a striking contrast to the men who had 
gone to the front of the battle. They were of 
great service in executing military arrests and en- 
forcing the military enactments, such as the closing 
of club-houses, instituted whether for social inter- 
course, mental improvement, or the cultivation of 
art. 

15. On the 2d of July, Gen'l Schenck issued 
an order prohibiting the citizens from keeping 
arms in their possession. Houses were searched,' 
and every kind of gun, whether warlike or sport- 
ing, was seized and carried away. On the 3d, an- 
other proclamation from Schenck required every 
house in the city of Baltimore to display a national 
flag on the following 4th, under threat of being 
regarded as disloyal if the order was not obeyed. 

16. As this display was upon compulsion, it was 
no evidence of the real sentiments of the people, 
but only tended to deepen a lately awakened anti- 
pathy to a goverment that, little more than a year 
before, had the support of the majority of the 

Questions. — 14. What is said of the seventh regiment? 15. What, 
was Gen'l Sche nek's order of 2d July? What, of 3d? 1G. What is 
said in this section? 



Difficulties in Enrolment. 2G9 

people of the State. They were beginning to feel 
the tyranny of a consolidated government. 

IT- Whether by accident or otherwise, the barn 
of an enrolling officer was burned down. Gen. 
Schenck immediately issued an order for an assess- 
ment of three thousand dollars upon "persons 
known to be disaffected to the loyal government, 
who reside within six miles from where the barn 
w T as burnt." In like manner, innocent parties were 
made to bear the loss of fourteen hundred dollars, 
in Anne Arnndel County. 

18. Great difficulty existed in making up the 
quota of troops required from the State. There 
was a great disinclination on the part of the citi- 
zens to enlist in a war so unpopular with them. 
The State, moreover, was greatly exhausted of her 
young men, from their determination that if they 
had to fight at all, they would fight on the side 
their principles and sympathies inclined them, and 
their joining the Southern army. To meet this 
difficulty, the Government determined to enlist the 
negroes. At first, only the free blacks were re- 
ceived, but subsequently, slaves also. In many 
cases the officer entered upon farms and took away 
whole families, women and children included. An 
asylum for the latter was opened at Washington. 



Questions.— 17. What order of Gen'l Schenck is mentioned in 
this section? IS. Why was it difficult to make up the quota of 
troops required from the State ? What was doue about the ne- 
groes ? 

23* 



21 History op Maryland. 

CHAPTER XXXII. 

Division in the Union Party— Election— Extraordi- 
nary orders issued at Chestertown — Gov. Bradford: s 
Proclamation — Military suppression of the Proclama- 
tion, and control of the Polls — Gov. Bradford's com- 
ment. 

1. About this time, a division took place in the 
Union party of the State. One section demanded 
the immediate emancipation of the slaves. The 
other, a conservative party, thought that the ag- 
gressive policy of the administration party would 
retard, rather than facilitate, a restoration of the 
Union ; and that this course was developing the 
fact that the paramount and leading issue of the 
war was not for the Union, but for emancipation. 

2. The contest for State officers in the coming 
election was between these two divisions of the 
Union party. The conservative Union men in one 
of their county conventions, expressed their views 
in a scries of resolutions. Among them was one 
containing the following words : " That we are 
opposed to the exercise by the General Govern- 
ment of all unauthorized powers, deeming it of 
little consequence if the Constitution is to be sac- 
rificed, whether it is to be effected by usurpation 
or rebellion. " 



Questions.— I. What is paid of the division of the Union party? 
2. What views had the conservative Union party expressed? 



The Governor's Proclamation. 2U 

3. The day of the election was Tuesday, No- 
vember 4th. Late in October, General Scheuck 
issued an order to the effect " that there were evil 
disposed persons, who have either been engaged 
in rebellion against the government, or have given 
aid and encouragement to others so engaged, who 
may embarrass the approaching election, or through 
it, force enemies of the United States into power." 
The order required the Provost Marshal, and other 
military power, to " arrest such persons found at, 
or hanging about, or approaching any place of 
election, and that those officers shall support the 
judges of election in requiring an oath of allegiance 
to the United States, as the test of citizenship." 

4. A Lieutenant Colonel of Dragoons, who was 
sent by Gen. Schenck to enforce this order at 
Chestertown, issued an order of his own, excluding 
from the election all who were not prepared to 
give "a full and ardent support of the whole Gov- 
ernment ticket, upon the platform of the Union 
League Convention." 

5. Two days before the election, Gov. Bradford 
issued a proclamation protesting against any such 
invasion of the privileges of the ballot box, and so 
offensive a discrimination against the rights of a 
loyal State. 

6. He stated this extraordinary order of Gen. 
Schenck had been issued without any notice to, or 
consultation with the constituted authority of the 
State, and at a time when the result of the election 
could in no way endanger the Government, or the 
peace of the community. 

Question*.— 3. What did Gen'l Schenck issue? 4. What order 
was issued at Chestertown? 5. What proclamation did Governor 
Bradford issue ? G. What did he say ? 



272 History of Maryland. 

7. The Governor considered the order particu- 
larly oppressive, as all the Congressional candi- 
dates, with, perhaps, one exception, were loyal to 
the Federal Government, and because persons were 
not only to be arrested at the polls, but apjwoach- 
ing them ; and, he enquires, " who is to judge 
whether voters thus on their way to the place of 
voting, have given aid or encouragement to persons 
engaged in rebellion ?" " The Provost Marshal, 
and other military officials were made the sole and 
exclusive judges ; " "an extent of arbitrary dis- 
cretion the most odious, and more especially offen- 
sive, from the fact that two of the five Provost 
Marshals were candidates for important offices, and 
sundry of their deputies for others." 

8. The proclamation further stated "that the 
order was without justification ; it was obnoxious 
by the means appointed for its execution ; it was 
offensive to the sensibilities of the people and the 
authorities of the State, who had given such re- 
peated proofs of their devotion to the Government." 

9. The Governor then reminded the judges of 
election that they were clothed with the necessary 
authority and power to preserve the peace ; that 
it was their special duty to give information to the 
officers of the civil law of all infractions of the 
State laws on the subject of elections, and that by 
these laws it was forbidden for any military officer 
to bring any troops within the view of any place 
of election, during the time of the election ; that 
they are required by oath to permit all persons to 
vote who "shall, according to the directions con- 
tained in the Constitution and Laws, be entitled to 



Questions.— 7. Why did he think the order particularly oppres- 
sive? 8. What did the proclamation further state ? 9. Of what 
did the Governor remind the judges? 



The Governor's Proclamation. 273 

do so ; that it is the judgment of the judges of 
election alone that must determine the right of 
any person to vote when offering himself for that 
purpose ; that they must discharge their duty un- 
deterred by an order to Provost Marshals to re- 
port them at head-quarters." 

10. The Presfdent revoked the first part of Gen. 
Schenck's order, and substituted another, which, 
however, had the obnoxious feature of requiring 
the presence of the military at the places of elec- 
tion. As there was no change in the general 
principles of the order, the Governor made no 
change in his proclamation. 

11. A correspondence took place between the 
Governor and the President, in which the latter 
justified the action of Gen. Schenck. The reply of 
the Governor was a complete and spirited answer, 
and refutation to every position taken by the Presi- 
dent. 

12. The military authorities immediately sent 
orders to the Eastern Shore, directing the circula- 
tion of the proclamation to be suppressed. The 
public papers were forbidden to publish it; and 
lest the steamers from Baltimore might carry it, 
they were prevented from leaving the port. In his 
message to the Legislature, the Governor states 
that the officer who had himself landed in Kent 
County, commenced his operations of arresting and 
sending across the bay lotne ten or more of the 
most estimable and distinguished of its citizens, in- 
cluding some of the most uncompromising loyalists 
of the Shore. The jail of the county was entered, 

Questions.— 10. What did the President do? What further is 
said? 11. What is said of the correspondence between Gov. Brad- 
ford and President Lincoln? 12. What steps did the military- 
take? What did the Governor state in his message? What was 
done on the Eastern Shore? 



274 History op Maryland. 

the jailer seized, imprisoned, and afterwards sent 
to Baltimore, and prisoners confined therein were 
set at liberty. The "Government ticket" was 
designated by its color, and armed with that a 
voter could run the gauntlet of sabres and carbines 
that guarded the polls, whether a lawful voter or 
not. In fact, voters were invited to avail them- 
selves of the opportunity to establish their loyalty 
"by giving a fall and ardent support to the whole 
Government ticket," and it asserted that many 
known sympathizers with the rebellion, whether to 
avert suspicion from themselves or for other reasons, 
voted ; while others, loyal to the union, but adverse 
to the administration ticket, were not allowed even 
to approach the polls. The color of the ticket in 
their hands was the test of their right to vote. 

13. In one district, the military officer took his 
stand at the polls and declared that none but the 
"yellow ticket" should be voted, and excluded all 
others. In another district, a similar officer ex- 
amined every ticket, and unless it was the favored 
one, the voter was compelled to take an oath un- 
known to the laws of the State, and administered 
by an alien to its soil. In another, after one vote 
was taken, the polls were closed, and the judges 
were arrested, and sent out of the county, and 
military occupation taken of the town. The ticket 
favored by the military was elected. The admin- 
istration and opposition parties in Congress were 
nearly equal, hence the strenuous exertions to 
secure from Maryland and West Virginia, where 
the military had control, the return of men pledged 
to the support of the administration. By forcing 
these States to the administration side, that party 

Quest ions.— 12. What is said of the " Government ticket ?" What 
was the test oi the right to vote ? 13. What is said in this section? 



General Wallace. 275 

secured ninety-eight out of one hundred and eighty- 
five members of Congress, or a majority of eleven. 
14. The Governor, in calling the attention of 
the Legislature to the abuses, says : "a statement 
of them presents a humiliating record, and that 
unless it indeed be a fallacy to suppose that any 
rights whatever remain to the State, or that any 
line whatever marks the limit of Federal power, a 
bolder stride across that line, that power never 
made even in a rebel State, than it did here on the 
3d of November. A part of the army which the 
people had supplied for a very different purpose, 
was engaged on that day in stifling the freedom of 
elections in a faithful State, intimidating its lawful 
officers, violating the constitutional rights of its 
citizens, and obstructing the usual channels of com- 
munication between them and their Executive." 



CHAPTER XXXIII. 

Constitutional Convention — General Lew. Wallace 
— Questions to Candidates and Voters — Paramount 
Allegiance — Abolition of Slavery— The Constitution 
wade Operative before Us Adoption — Difference of 
Qpiinion between the Executive and Judicial Branches 
— Soldiers' Vote — Inquisition of Voters — Investigation 
of the Vote. 

1. The success of the government party in the 
election for legislature for 1864, ensured the call- 
ing of a convention to remodel the Constitution of 
the State, with the view of extinguishing slavery 
in her borders. 

Questions.— 14. What did the Governor say in his message? What 
did he say a part of the army was engaged in f 1. For what pur- 
pose was a convention called? 



276 History of Maryland. 

2. A bill was passed calling upon the people to 
decide whether there should be a convention or 
not, and, at the same time, to elect the members of 
that convention should the affirmative receive the 
largest vote. There was a provision in this bill, 
that "if any military or armed force of the United 
States shall appear at the polls, or in any way in- 
terfere with the elections, the election shall be set 
aside and a new one held, from time to time, as 
long as the grievance shall continue." 

3. Gen'l Lew. Wallace, who was now in com- 
mand of the middle department, and whose admin- 
istration was a continuance of the acts that had 
characterized Gen'l Schenck's, issued certain ques- 
tions to be asked of the candidates for the Con- 
vention, and where the answers were not agreeable 
to him, the candidate was withdrawn. 

4. A set of questions was also prepared and 
asked in some counties, which precluded a vast 
number from voting. The result of an election 
held under such circumstances was a majority of 
more than twelve thousand in favor of the Con- 
vention. Of ninety-eight members elected, sixty- 
eight were emancipationists. The Convention met 
on April 27th, Henry H. Goldsborough having 
been chosen President. 

5. The Bill of Rights proposed by this Con- 
vention, contained two articles that met with very 
strenuous opposition. The first of the two declared 
that every citizen of the State owed paramount 
allegiance to the Constitution and the government 
of the United States. It was contended that this 



Questions.— 2. What bill was passed by the Legislature? What 
provision was in this bill? 3. What did Gen. Wallace do? 4. What 
other questions were prepared? 5. What article in the Bill of 
Rights was much opposed? Mention the arguments against it? 



New Constitution, 217 

was a new doctrine, and could not be found embo- 
died in any constitution of any of the States ; that 
the States were always recognized as sovereign ; 
that it is impossible, in the nature of things, for a 
sovereign to alienate its sovereignty, or to make 
the thing created greater than the creator j that 
the government created by these States was of a 
limited character; that to it has been delegated 
the performance of acts of sovereignty, but that 
the power remains with the people of States as 
States ; that the Constitution of the United States 
itself recognized no such doctrine ; that it sub- 
verted the intention of the founders of the Consti- 
tution and government by removing the checks to 
arbitrary power ; that paramount allegiance to the 
government might prevent allegiance to the Con- 
stitution and involve a citizen or State in a loss of 
constitutional rights. It was further contended 
that the government consisted of three depart- 
ments, the executive, the legislative and the judi- 
ciary, and should any two of these, for instance 
the executive and judicial, differ, as in the case of 
Merryman, who should decide to which obedience 
is due ? and disobedience to which of them would 
constitute treason ? Obedience will be enforced 
by the department having superior physical force, 
and disobedience to this physical force would be 
treason, and thus, individuals and States would 
eventually become the subject of an irresponsible 
military dictation. 

6. On the other hand, it was contended that 
at the adoption of the Federal Constitution, the 
States had surrendered the sovereignty to the 

Questions.— 6. What arguments in favor of it? 

24 



278 History op Maryland. 

people of the United States ; that even if it were 
not so, and the fact were otherwise, the doctrine of 
States-rights was wrong in principle, as it made 
the Federal Union weak, and that it ought to be 
abolished in order that the power of the govern- 
ment might become consolidated, independent and 
efficient ; that whatever danger there may be in 
centralization, of crippling individual action of 
the different parts, yet centralization is essential to 
the healthy activity, no less than the perfection of 
the body. 

7. The other article that met with prolonged 
opposition was that of abolishing slavery. It, how- 
ever, finally passed. This constitution also pro- 
vided who should, and who should not vote on its 
adoption by the people, by prescribing an oath to 
be taken by every one offering to cast bis ballot. 
It was objected that this was making the constitu- 
tion operative before it was adopted by the people; 
that this new constitution had no vitality until it 
should be accepted by the people, and proclaimed 
by the Governor as the fundamental law of the 
State ; that until this was done, the citizens were 
living under the constitution then existing; that 
the convention had been appointed to make a draft 
of a constitution, and when that was done, their 
functions were at an end; that they exceeded their 
powers when they limited the rights of the people 
and took away privileges they enjoyed under the 
then existing constitution ; that what were claimed 
as precedents of other States to the contrary, were 
where the privileges were enlarged and not cur- 
tailed ; that a people, through a sovereign con- 

Questions.—l. What other article met with opposition? What 
else did this constitution provide? What objection was made to 
this? 



New Constitution. 2 TO 

yention, might demand rights not before enjoyed, 
but that it was contrary to the nature of a sove- 
reign to deprive itself of its own immunities, and 
that, therefore, such precedents were without force. 

8. Another article provided that the vote of the 
soldiers absent on duty, could be taken at their 
several camps. It was objected that here also the 
convention transcended their powers ; that the ex- 
isting constitution, which was the law, provided 
how elections should be held, and that votes must 
be cast at the polls in the county and district in 
which the voter resides ; that the nature of mili- 
tary discipline was such that it could not be certain 
that the soldiers voted otherwise than as suited 
their commanders, — who were to be judges of the 
election, — and under their dictation. 

9. The Governor was called upon to interpose 
his authority to prevent these infringements of the 
existing constitution, but he replied that be con- 
sidered the question a judicial, and not a political 
one, and that he did not consider it his province 
to prevent the operation of what at least had the 
color of law. The remedy was in the courts. It 
was replied that the courts could not meet the dif- 
ficulty until after the wrong had been inflicted, and 
that then there was do remedy; that the courts 
to whom the appeal would be taken, would them- 
selves be the creation of the new constitution, if 
adopted. 

10. After the election, but before the constitu- 
tion went into operation, an application was made 
to the Superior Court for a mandamus requiring 

Questions.— 8. What other article met with opposition? t>. What 
uas the Governor called upon to do? How did he regard the 
question ? What was the reply to the Governor? lo. What meas- 
ures were taken before the proclamation of the constitution? 



280 History op Maryland. 

the Governor to exclude all votes given outside 
the State of Maryland from the count on the adop- 
tion of the constitution. The court dismissed the 
application, and an appeal was taken to the Court 
of Appeals. This court decided that it was a 
political and not a judicial question, and that it 
was, therefore, a matter of executive and not judi- 
cial action. Each branch threw the responsibility 
of settling the question upon the other. It was, 
however, regarded as a foregone conclusion, that 
the constitution prepared was to he adopted. 

11. A set of questions, which were to be an- 
swered under oath, was prepared for the judges to 
ask each voter. The questions concerned not only 
the acts and words of the voter, but entered even 
into his very inmost and secret thoughts. 

12. Notwithstanding this inquisition, and the re- 
pugnance of men to subject themselves to a ques- 
tioning so new and so abhorrent to the feelings of 
freemen, the vote against the new constitution was 
so large that it was supposed to have been rejected. 
When, however, the soldiers' vote was brought in 
from Virginia, it was found that the constitution 
had been adopted by 375 majority. 

13. Before the proclamation of the new consti- 
tution, the Governor was requested to allow coun- 
sel to investigate the soldiers"' vote. Several days 
were passed in the examination, but nearly all the 
objections were overruled by the Governor. 



Questions. — 11. What questions were prepared for the voters? 
12. Did many vote against the new constitution? Whose vote 
caused the adoption of this constitution ? 13. What was done 
before the new constitution was proclaimed? How were the 
objections treated? 



Defeat of Wallace. 281 

CHAPTER XXXIV. 

The Confederates again in Maryland — Defeat of 
Wallace— Approach of Raiders io Washington — Excite- 
ment and Alarm at Washington — Timely Arrival of 
Troops — Geii'l Ord — Freedmaii' s Rest. 

1. Early in July, of this year, a Confederate force 
appeared again in Western Maryland. Hagers- 
town having been occupied by them, a requisition 
was made on the inhabitants for $20,000 This 
money was paid, and the raiding party left. 

2. In the orders of the commanding officer, it 
was required of the officers and men, when en- 
camped, to remain in camp, and upon march, to 
observe silence, " the silly practice of whooping 
and hallowing is forbidden ; destruction of fences 
and crops of farmers is positively prohibited, and 
such outrages will be paid for from the pay of -the 
officers of the command nearest where such depre- 
dations may be committed." 

3. A few days afterward, another body of Con- 
federate cavalry entered Hagerstown and burned 
some buildings. In the evening of the same day, 
Gen. Wallace withdrew from Frederick to Monoc- 
acy Junction, and on the next day, the South- 
erners, under Gen'l Early, entered and levied a 
contribution on the inhabitants. 

4. Having swept Gen. Wallace from their path, the 
Confederate force pushed towards Ellicott's Mills. 
Dividing their force, a portion of them went towards 
Baltimore, and burned the Governor's residence, sit- 



Qncsfiovs. — 1. Where did the Confederates now come ? 2. Whnt 
were the orders of their commanding general? 3. What is said 
in this «eetion? 4. What did the Confederates now do? What 
did another portion do? 

24* 



282 History of Maryland. 

uated within five miles of the city. Twenty-five miles 
of the Northern Central rail road were destroyed, 
and a train on the Philadelphia road was captured 
and burnt. The bridge over the Gunpowder was 
also partially burned. Another portion, under Brad- 
ley Johnson, crossed the country to Beltsville, on the 
Washington road. The troops posted there, four 
hundred in number, precipitately retreated without 
waiting to fire a shot. The Southern troops, after 
resting for three hours, followed, towards Washing- 
ton, coming within eight miles of the city. 

5. The defeat of Gen. Wallace, who was missing 
for several days, and the bold movement of these 
raiders, caused the greatest excitement in Wash- 
ington, and throughout the North. The Federal 
city, at that time, was almost destitute of troops. 
Reinforcements were hurried forward from Peters- 
burg, and the 19th army corps, seut from New 
Orleans to reinforce Gen. Grant before Richmond, 
appeared at this juncture in the Chesapeake Bay, 
and was at onee sent to Washington. 

6. This timely arrival saved Washington. Forty 
thousand troops were concentrated there, at about 
the same time the Confederate party arrived. Gen. 
Bradley Johnson, therefore, crossed the country 
during the night, and joined Gen. Early, who had 
halted before Fort Stevens, on Seventeenth street, 
on the outskirts of the city. 

t. After some skirmishing here, Gen. Early 
withdrew and succeeded in recrossing the Poto- 
mac. A large proportion of the men of this com- 
mand were Marylanders, and however cold their 
reception was in the Western part of the State, it 

Questions.— 5. What was the- effect of the defeat of Wallace? What 
wan the condition of Washington ? How was it saved? G. What 
is said in tnis section ? 7. What is said of Gen'l Early? What, 
of his men, and of their reception? 



General Ord. 283 

cannot "be denied that they were cordially received 
by the fanners of Prince George's county. 

8. Gen'l Wallace was superseded in his com- 
mand at Baltimore by Gen'l Ord, who had been 
an officer of the regular army. His administra- 
tion was a short one. Finding, it is said, that the 
duties of the command were utterly repugnant to 
his feelings as a man and a soldier, at his own re- 
quest, he was relieved. Gen'l Wallace was rein- 
stated, and under him the old system of arbitrary 
arrests was continued. 

9. In November, shortly after the new consti- 
tution became operative, Gen'l Wallace, assuming 
that the State would not carry out the provision 
of its own laws, issued an order placing the eman- 
cipated slaves under special military protection, 
creating a " Freedman's Rest," and notifying the 
people that if the voluntary contributions for the 
support of the negroes were not sufficient, he would 
levy upon those who sympathized with their South- 
ern brethren, for the necessary funds to sustain the 
*' Freedman's Rest." 

10. If, in the language of Governor Bradford, 
"'the statement of these acts presents a humiliating 
record," it must be borne in mind that this record 
is not the history of the State. The record of the 
acts of a government constitutes a history of the 
State when the government represents the State. 
But when the name of the State is seized upon for 
purposes aside from the good of the State, the 
record is only that of the individual, or govern- 
ment that control by military power, but do not 
represent, the people. 

'Questions.— 8. By whom was Wallace superseded, and what is 
said of him? 9. What new order did Wallace issue? 10. What 
is said of this record of events? 



284 Histqby os Maryland; 



CHAPTER XXXV. 

Conclusion of the "War — Gov. Swann's Instructions 
to the Registers — Difficulties with the Police Commis- 
sioners — The Neiv Legislature — Election of Senator — 
Me declines — His Substitute refused his Seat — New 
Constitution — Election of Gov. Bowie. 

1. The war having been concluded by the surrender 
of the Southern armies, the Provost JJdarshals were re- 
called, and the citizens were once more under'the govern- 
ment of the civil law. 

1. An effort was immediately made to bave the Regis- 
try law declared unconstitutional. The courts, however, 
decided otherwise, and Gov. Swann, who was elected to 
succeed Gov. Bradford, in his message to the Legisla- 
ture, discouraged any repeal or modification of the law. 

3. But prior to the election of State officers in Novem- 
ber, 1866, the Governor instructed the registers that the 
registry law was to be so interpreted that it should secure 
the citizen in his rights, and not deprive him of them, 
and that every one who presented himself, and would 
take the prescribed oath, should be registered without 
any further inquisition byway of questioning, excepting 
what is usual where fraud is suspected. The judges of 
the election were also to regard the registration of the 
voter as an evidence of his legal right to vote. 

4. A difficulty, however, arose in Baltimore by the 
refusal of the judges of the election, in the charter elec- 
tion of October, to recognize the new registration. 
These judges were appointed by the Police Commis- 
sioners. The Governor, therefore, immediately removed 
the Commissioners and appointed others in their stead. 

5. The difficulty at one time assumed a threatening 
aspect, and a riot appeared imminent. Threats were 
made, out of the State, of marching troops within the 



Questions. — 1. What is said in this section? 2. What effort was 
made? 3. What instructions did the Governor give to the regis- 
ters? i. What difficulty arose in Baltimore? 5. What threats 
were made » 



Election op Senator. 285 

borders to sustain the Police Commissioners in their re- 
fusal to vacate their office to the new Commissioners, 
and even to destroy the city. 

6. The Governor issued a proclamation, threatening, 
in case of any such movement, to use the whole power 
of the State for its suppression, and the punishment of 
its authors. The Commissioners were cited to appear 
before the Governor to answer the charge of being guilty 
of illegal acts. The charges were sustained, and the 
Commissioners submitted to their removal. 

7. New judges of the election having then been ap- 
pointed, the November elections were held on the basis 
of the new registration, and a complete change was 
made in the Legislature. 

8. This Legislature met January 2d, 1867. One of its 
first duties was to choose a United States Senator. By 
an existing law, it was required that one of the Senators 
in Congress should be from the Eastern Shore. In order 
to elect Gov. Swann who, under this law, was not eligi- 
ble, the law was repealed, but immediately re-enacted, 
to resume its operation on the 1st of April. Mr. Swann 
was then elected. However, at the request of numerous 
prominent citizens that he should not leave the Execu- 
tive chair, he declined the senatorship. 

9. Subsequently, Philip F. Thomas, Esq., a former 
Governor of the State, was chosen to fill the vacancy. 
He was not allowed to take his seat in Congress, on the 
charge of having "given aid and comfort to those in 
arms against the United States." He had supplied his 
son, when about to go South and join the Confederate 
army, with some money. G. R. Vickers, Esq., was 
appointed in his stead. 

10. The Legislature passed resolutions addressed to 
the Congress of the United States, to the effoct that the 
Union being restored, each State k entitled to all the 
rights and! immunities of all the others, and all have an 
equal right to participate in the administration of the 
government ; that any attempt on the part of Congress 



Questions.— 6. What was the proclamation of the Governor? 
7. What was, of appointing new judges of elections? 8. Who was 
elected to Senate of U. a. Did he accept ? 9. Who was chosen 
in his place ? 10. What resolutions did the Legislature pass ? 



286 History of Maryland. 

to interfere with the elective franchise in any State 
would be a flagrant violation of the spirit of the Consti- 
tution, and an encroachment on the rights of the States. 

11. The provision in the Constitution restricting the 
suffrage, authorized its own repeal by a two-thirds vote 
of the General Assembly. It was enacted by this Legis- 
lature, that all the rights of citizenship should be re- 
stored to the citizens. 

12. A strong desire existed to abolish the constitution 
of 1864. But the existing constitution provided that a 
reference to the people of the matter of calling a con- 
vention for forming a new constitution could be made 
only when two-thirds of the General Assembly might 
think it necessary ; and that in case of such necessity 
appearing, and the people deciding in favor of a conven- 
tion, that the next Legislature should provide for calling 
the same. 

13. The Legislature decided, however, that the power 
to refer to the people questions concerning the organic 
law, cannot be limited, and that any such limitations 
were in conflict with the Bill of Rights, which declares 
that the people have, at all times, the unalienable right 
to alter, reform or abolish their form of government. 

14. A reference to the people was made in April, and 
resulted in favor of holding the convention. The con- 
vention met on the 8th of May, and selected Hon. Rich- 
ard B. Carmichael, as their President. 

15. In the Bill of Rights appended to the Constitution 
prepared by this convention, the article on "paramount 
allegiance to the Constitution and government of the 
United States " was modified so as to read, "The Con- 
stitution of the United States, and the laws made in pur- 
suance thereof, are and shall be the supreme law of the 
State, and all the people of this State shall be bound 
thereby, anything in the Constitution and Laws of this 
State to the contrary notwithstanding." " The powers 
not delegated to the United States by the Constitution 
thereof, are reserved to the States respectively, or to the 



Quesfiojis — 11. What is said in this section? 12. What desire 
existed? What proviso of the existing Constitution was there? 
13. What did they desire? 14. When a reference to the people 
made? 15. What changes were made? 



Governor Bowie. 28 1 

people thereof." "That the people of this State have 
the sole and exclusive right of regulating the internal 
government and police thereof, as a free, sovereign and 
independent State." 

16. Another article declared that any departure from 
the constitution, either of the United States or of this 
State, whether in time of peace or war, under the plea of 
necessity, or any other plea, is subversive of good gov- 
ernment, and tends to anarchy and despotism. 

17. The constitution was adopted by a majority of 
24,116. The first election under it took place in Novem- 
ber, 1867. The rival candidates for the office of Gov- 
ernor were Oden Bowie, Esq., whose name has already 
been mentioned in connection with the Mexican war, 
and the Hen. H. L. Bond. Gov. Bowie was elected by 
a majority of 41,712 votes. 

18. In 1870, in pursuance of the requirements of the 
Fifteenth Amendment of the Constitution of the United 
States, the negroes exercised the right of voting. 




Questions— 16. What did another article declare? 17. By what 
majority was the new constitution adopted? When was the first 
election under the new constitution? 18. When did the negroes 
first exercise the right of voting? 



GOVERNORS OF MARYLAND, 

1777 — Thomas Johnson. 

3779 — Thomas Sim Lee. 

1782— William Paca, 

1785 — "William Small-wood. 

1788— John Eager Howard*. 

1791 — George Plater, 

1794— John H. Stone, 

1797 — John Henry. 

1798 — Benjamin Ogle. 

1801— John Francis Mercer. 

1803 — Robert Bowie. 

1S06 — Robert Wright. 

1S09 — Edward Llotd. 

1811 — Robert Bowie. 

1812— Levin Winder. 

1815— Charles Ridgeley, of Hampton. 

1818 — Charles Goldsborough. 

1819— Samuel Sprigg. 

1322— Samuel Stevens, Jr. 

1825 — Joseph Kent. 

1S28— Daniel Martin. 

1829— Thomas King Carroll, 

1830— Daniel Martin. 

1831 — George Howard. 

1832 — James Thomas. 

1835— Thomas W. Veazey. 

1838— William Grason. 

1841 — Francis Thomas. 

1844— Thomas G. Pratt. 

1847— Philip Francis Thomas. 

1850— E. Louis Lowe. 

1854— T. Watkins Ligon. 

1857— T. Holliday Hicks. 

1861— Augustus W. Bradford. 

1865— TnoMAS Swann. 

1867— Oden Bowie. 

1371— WlLLIAM PlNKNEY WlIYTB. 



288 



APPENDIX. 



The Constitution of Maryland, 

ADOPTED BY THE CONVENTION WHICH ASSEMBLED AT 
THE CITY OF ANNAPOLIS, ON THE EIGHTH DAY OF 
MAY, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND AD- 
JOURNED ON THE SEVENTEENTH DAY OF AUGUST, EIGH- 
TEEN HUNDRED AND SIXTY-SEVEN. 



DECLARATION OF RIGHTS. 

We, the People of the State of Maryland, grateful to Al- 
mighty God for our civil and religious liberty, and taking 
into our serious consideration the best means of establishing 
a good Constitution in this State for the sure foundation and 
more permanent security thereof, declare : 

Article 1. That all Government of right originates 
from the People, is founded in compact only, and insti- 
tuted solely for the good of the whole ; and they have, at 
all times, the inalienable right to alter, reform or abolish 
their Form of Government, in such manner as they may 
deem expedient. 

Art. 2. The Constitution of the United States, and the 
Laws made, or which shall be made in pursuance thereof, 
and all Treaties made, or which shall be made, under the 
authority of the United States, are, and shall be the Su- 
preme Law of the State ; and the Judges of this State, 
and all the People of this State, are, and shall be bound 
thereby; anything in the Constitution or Law of this 
State to the contrary notwithstanding. 

Art. 3. The powers not delegated to the United States 
by the Constitution thereof, nor prohibited by it to the 
States, are reserved to the States respectively, or to the 
people thereof. 

25 289 



290 Appendix. 

Art. 4. That the People of this State have the sole 
and exclusive right of regulating the internal government 
and police thereof, as a free, sovereign and independent 
State. 

Art. 5. That the Inhabitants of Maryland are entitled 
to the Common Law of England, and the trial by Jury, 
according to the course of that Law, and to the benefit of 
such of the English Statutes as existed on the Fourth day 
of July, seventeen hundred and seventy-six ; and which, 
by experience, have been found applicable to their local 
and other circumstances, and have been introduced, used 
and practised by the Courts of Law or Equity ; and also 
of all Acts of Assembly in force on the first day of June, 
Eighteen hundred and Sixty-seven ; except such as may 
have since expired, or may be inconsistent with the pro- 
visions of this Constitution ; subject, nevertheless, to the 
revision of, and amendment or repeal by, the Legislature 
of this State. And the Inhabitants of Maryland are also 
entitled to -all property derived to them from, or under 
the Charter granted by His Majesty Charles the First to 
Csecilius Calvert, Baron of Baltimore. 

Art. 6. That all persons invested with the Legislative 
or Executive powers of Government are the Trustees of 
the Public, and, as such, accountable for their conduct: 
Wherefore, whenever the ends of Government are per- 
verted, and public liberty manifestly endangered, and all 
other means of redress are ineffectual, the People may, 
and of right ought, to reform the old, or establish a new 
Government: the doctrine of non-resistance against arbi- 
trary power and oppression is absurd, slavish and destruc- 
tive of the good and happiness of mankind. 

Art. 7. That the right of the People to participate in 
the Legislature is the best security of liberty and the 
foundation of all free Government ; for this purpose, elec- 
tions ought to be free and frequent ; and every white male 
citizen, having the qualifications prescribed by the Con- 
stitution, ought to have the right of suffrage. 



Constitution of Maryland. 291 

Art. 8. That the Legislative, Executive and Judicial 
powers of Government ought to be forever separate and 
distinct from each other ; and no person exercising the 
functions of one of said Departments shall assume or dis- 
charge the duties of any other. 

Art. 9. That no power of suspending Laws or the exe- 
cution of Laws, unless by, or derived from the Legislature, 
ought to be exercised or allowed. 

Art. 10. That freedom of speech and debate, or pro- 
ceedings in the Legislature, ought not to be impeached in 
any Court of Judicature. 

Art. 11. That Annapolis be the place of meeting of the 
Legislature ; and the Legislature ought not to be convened, 
or held at any other place but from evident necessity. 

Art. 12. That for redress of grievances, and for amend- 
ing, strengthening and preserving the Laws, the Legis- 
lature ought to be frequently convened. 

Art. 13. That every man hath a right to petition the 
Legislature for the redress of grievances in a peaceable 
and orderly manner. 

Art. 14. That no aid, charge, tax, burthen or fees 
ought to be rated or levied, under any pretence, without 
the consent of the Legislature. 

Art. 15. That the levying of taxes by the poll is griev- 
ous and oppressive, and ought to be prohibited ; that pau- 
pers ought not to be assessed for the support of the Gov- 
ernment ; but every person in the State, or person holding 
property therein, ought to contribute his proportion of 
public taxes for the support of the Government, according 
to his actual worth in real or personal property ; yet, fines, 
duties or taxes may properly and justly be imposed, or 
laid, with a political view for the good government and 
benefit of the community. 

Art. 16. That sanguinary Laws ought to be avoided as 
far as it is consistent with the safety of the State ; and no 
Law to inflict cruel and unusual pains and penalties ought 
to be made in any case, or at any time, hereafter. 



292 Appendix. 

Art. 17. That retrospective Laws, punishing acts com- 
mitted before the existence of such Laws, and by them 
only declared criminal, are oppressive, unjust and incom- 
patible with liberty ; wherefore, no ex post facto Law ought 
to be made ; nor any retrospective oath or restriction be 
imposed, or required. 

Art. 18. That no Law to attaint particular persons of 
treason or felony, ought to be made in any case, or at any 
time, hereafter. 

Art. 19. That every man, for any injury done to him 
in his person or property, ought to have remedy by the 
course of the Law of the Land, and ought to have justice 
and right, freely without sale, fully without any denial, 
and speedily without delay, according to the Law of the 
Land. 

Art. 20. That the trial of facts, where they arise, is one 
of the greatest securities of the lives, liberties and estate 
of the People. 

Art. 21 . That in all criminal prosecutions, every man 
hath a right to be informed of the accusation against 
him ; to have a copy of the Indictment, or charge, in due 
time (if required) to prepare for his defense ; to be allowed 
counsel 5. to be confronted with the witnesses against him ; 
to have process for his witnesses; to examine the wit- 
nesses for and against him on oath ; and to a speedy trial 
by an impartial jury, without whose unanimous consent 
he ought not to be found guilty. 

Art. 22. That no man ought to be compelled to give 
evidence against himself in a criminal case. 

Art. 23. That no man ought to be taken or imprisoned 
or disseized of his freehold, liberties or privileges, or out- 
lawed, or exiled, or, in any manner, destroyed, or deprived 
of his life, liberty or property, but by the judgment of his 
peers, or by the Law of the Land. 

Art. 24. That Slavery shall not be re-established in 
this State ; but having been abolished, under the policy 



Constitution of Maryland. 293 

and authority of the United States, compensation, in con- 
sideration thereof, is due from the United States. 

Art. 25. That excessive bail ought not to be required 
nor excessive fines imposed, nor cruel or unusual punish- 
ment inflicted, by the Courts of Law. 

Art. 26. That all warrants, without oath or affirmation, 
to search suspected places, or to seize any person or 
property, are grievous and oppressive ; and all general 
warrants to searcli suspected places, or to apprehend sus- 
pected persons, without naming or describing the place, 
or the person in special, are illegal, and ought not to be 
granted. 

Art. 27. That no conviction shall work corruption of 
blood or forfeiture of estate. 

Art. 28. That a well regulated Militia is the proper 
and natural defence of a free Government. 

Art. 29. That standing Armies are dangerous to liberty, 
and ought not to be raised, or kept up, without the con- 
sent of the Legislature. 

Art. 30. That in all cases, and at all times, the mili- 
tary ought to be under strict subordination to, and control 
of, the civil power. 

Art. 31. That no soldier shall, in time of peace, be 
quartered in any house, without the consent of the owner, 
nor in time of war, except in the manner prescribed by 
Law. 

Art. 32. That no person except regular soldiers, ma- 
rines, and mariners in the service of this State, or militia, 
when in actual service, ought, in any case, to be subject 
to or punishable by Martial Law. 

Art. 33. That the independency and uprightness of 
Judges are essential to the impartial administration of 
Justice, and a great security to the rights and liberties of 
the People; "Wherefore, the Judges shall not be removed, 
except in the manner, and for the causes, provided in this 
Constitution. No Judge shall hold any other office, civil 
25* 



294 Appendix. 

or military, or political trust, or employment of any kind, 
"whatsoever, under the Constitution or Laws of this State, 
or of the United States, or any of them ; or receive fees, 
or perquisites of any kind, for the discharge of his official 
duties. 

Art. 34. That a long continuance in the Executive 
Departments of power or trust is dangerous to liberty ; a 
rotation, therefore, in those Departments is one of the best 
securities of permanent freedom. 

Art. 35. That no person shall hold, at the same time, 
more than one office of profit, created by the Constitution 
or Laws of this State ; nor shall any person in public 
trust receive any present from any foreign Prince or 
State, or from the United States, or any of them, without 
the approbation of this State. 

Art. 36. That as it is the duty of every man to wor- 
ship God in such manner as he thinks most acceptable to 
Him, all persons are equally entitled to protection in their 
religious liberty ;" wherefore, no person ought, by any 
Law to be molested in his person or estate, on account of 
his religious persuasion, or profession, or for his religious 
practice, unless, under the color of religion, he shall dis- 
turb the good order, peace or safety of the State, or shall 
infringe the laws of morality, or injure others in their 
natural, civil or religious rights ; nor ought any person to 
be compelled to frequent, or maintain, or contribute, un- 
less on contract, to maintain, any place of worship, or any 
ministry ; nor shall any person, otherwise competent, be 
deemed incompetent as a witness, or juror, on account of 
his religious belief; provided, he believes in the existence 
of God, and that under His dispensation such person will 
be held morally accountable for his acts, and be rewarded 
or punished therefor either in this world or the world to 
come. 

Art. 37. That no religious test ought ever to be re- 
quired as a qualification for any office of profit or trust in 



Constitution of Maryland. 295 

this State, other than a declaration of belief in the exist- 
ence of God; nor shall the Legislature prescribe any 
other oath of office than the oath prescribed by this Con- 
stitution. 

Art. 38. That every gift, sale or devise of land, to any 
Minister, Public Teacher or Preacher of the gospel, as 
such/or to any Religious Sect, Order or Denomination, or 
to, or for the support, use or benefit of, or in trust for, any 
Minister, Public Teacher or Preacher of the gospel, as 
such, or any Religious Sect, Order or Denomination ; and 
every gift or sale of goods, or chattels, to go in succession, 
or to take place after the death of the Seller or Donor, to 
or for such support, use or benefit ; and also every devise 
of goods or chattels to or for the support, use, or benefit of 
any Minister, Public Teacher or Preacher of the gospel, 
as such, or any Religious Sect, Order or Denomination,, 
without the prior, or subsequent, sanction of the Legis- 
lature, shall be void ; except always, any sale, gift, lease 
or devise of any quantity of land, not exceeding five acres, 
for a church, meeting-house, or other house of worship, or 
parsonage, or for a burying-ground, which shall be im-. 
proved, enjoyed, or used* only for such purpose ; or such 
sale, gift, lease, or devise shall be void. 

Art. 39. That the manner of administering an oath or 
affirmation to any person, ought to be such as those of the 
religious persuasion, profession, or denomination, of which 
he is a member, generally esteem the most effectual con- 
firmation by the attestation of the Divine Being. 

Art. 40. That the liberty of the press ought to be in- 
violably preserved ; that every citizen of the State ought 
to be allowed to speak, write and publish his sentiments 
on all subjects, being responsible for the abuse of that 
privilege. 

Art. 41. That monopolies are odious, contrary to the 
spirit of a free government and the principles of com- 
merce, and ought not to be suffered. 



296 Appendix. 

Art. 42. That no title of nobility or hereditary honors 
ought to be granted in this State. 

Art. 43. That the Legislature ought to encourage the 
diffusion of knowledge and virtue, the extension of a 
judicious system of general education, the promotion of 
literature, the arts, sciences, agriculture, commerce and 
manufactures, and the general melioration of the con- 
dition of the People. 

Art. 44. That the provisions of the Constitution of the 
United States, and of this State, apply, as well in time of 
war, as in time of peace ; and any departure therefrom, 
or violation thereof, under the plea of necessity, or any 
other plea, is subversive of good Government, and tends 
to anarchy and despotism. 

Art. 45. This enumeration of Eights skall not be con- 
strued to impair or deny others retained by the People. 



CONSTITUTION. 



AETICLE I. 

Elective Franchise. 

Section 1. All elections shall be by ballot ; and every 
white male citizen of the United States, of the age of 
twenty-one years, or upwards, who has been a resident of 
the State for one year, and of the Legislative District of 
Baltimore City, or of the county, in which he may offer 
to vote, for six months next preceding the election, shall 
be entitled to vote, in the ward or election district, in 
which he resides, at all elections hereafter to be held in 
this State ; and in case any county, or city, shall be so 
divided as to form portions of different electoral districts, 



Constitution of Maryland. 297 

for the election of Representatives in Congress, Senators, 
Delegates, or other Officers, then, to entitle a person to 
vote for such officer, he must have been a resident of that 
part of the county, or city, which shall form a part of the 
electoral district, in which he offers to vote, for six months 
next preceding the election ; but a person, who shall have 
acquired a residence in such county, or city, entitling him 
to vote at any such election, shall be entitled to vote in 
the election district from which he removed, until he 
shall have acquired a residence in the part of the county, 
or city, to which he has removed. 

Sec. 2. No person above the age of twenty-one years, 
convicted of larceny, or other infamous crime, unless par- 
doned by the Governor, shall ever thereafter be entitled 
to vote at any election in this State ; and no person under 
guardianship, as a lunatic, or, as a person non compos men- 
tis, shall be entitled to vote. 

Sec. 3. If any person shall give, or offer to give, directly 
or indirectly, any bribe, present, or reward, or any prom- 
ise, or any security for the payment, or the delivery of 
money, or any other thing, to induce any voter to refrain 
from casting his vote, or to prevent him, in any way, from 
voting, or to procure a vote for any candidate, or person 
proposed, or voted for, as Elector of President and Vice- 
President of the United States, or Eepresentative in Con- 
gress, or for any office of profit or trust, created by the 
Constitution or Laws of this State, or by the Ordinances, 
or Authority of the Mayor and City Council of Baltimore, 
the person giving, or offering to give, and the person re- 
ceiving the same, and any person who gives, or causes to 
be given, an illegal vote, knowing it to be such, at any 
election to be hereafter held in this State, shall, on con- 
viction in a Court of Law, in addition to the penalties 
now, or hereafter to be, imposed by Law, be forever dis- 
qualified to hold any office of profit or trust, or to vote at 
any election thereafter. 



298 Appendix. 

Sec. 4. It shall be the duty of the General Assembly 
to pass Laws to punish, with fine and imprisonment, any 
person, who shall remove into any election district, or pre- 
cinct of any ward of the City of Baltimore, not for the 
purpose of acquiring a bona fide residence therein, but for 
the purpose of voting at an approaching election, or, who 
shall vote in any election district, or ward, in which he 
does not reside, (except in the case provided for in this 
article,) or shall, at the same election, vote in more than 
one election district, or precinct, or shall vote, or offer to 
vote, in any name not his own, or in place of any other 
person of the same name, or shall vote in any county, in 
wdiich he does not reside. 

Sec. 5. The General Assembly shall provide by Law 
for a uniform Registration of the names of all the voters 
in this State, who possess the qualifications prescribed in 
this Article, which Registration shall be conclusive evi- 
dence to the Judges of election of the right of every per- 
son, thus registered, to vote at any election thereafter held 
in this State ; but no person shall vote at any election, 
Federal or State, hereafter to be held in this State, or at 
any municipal election in the City of Baltimore, unless 
his name appears in the list of registered voters; and 
until the General Assembly shall hereafter pass an Act for 
the Registration of the names of voters, the Law in force 
on the first day of June, in the year eighteen hundred and 
sixty-seven, in reference thereto, shall be continued in 
force, except so far as it may be inconsistent with the pro- 
visions of this Constitution ; and the registry of voters, 
made in pursuance thereof, may be corrected, as provided 
in said Law; but the names of all persons shall be added 
to the list of qualified voters by the officers of Registra- 
tion, who have the qualifications prescribed in the first 
section of this Article, and who are not disqualified under 
the provisions of the second and third sections thereof. 

Sec. G. Every person elected, or appointed, to any office 



Constitution of Maryland. 299 

of profit or trust, under this Constitution, or under the 
Laws, made pursuant thereto, shall, before he enters upon 
the duties of such office, take and subscribe the following 

oath, or affirmation : I, , do swear, (or affirm, as 

the case may be,) that I will support the Constitution of 
the United States ; and that I will be faithful and bear 
true allegiance to the State of Maryland, and support the 
Constitution and Laws thereof; and that I will, to the 
best of my skill and judgment, diligently and faithfully, 

without partiality or prejudice, execute the office of , 

according to the Constitution and Laws of this State, (and, 
if a Governor, Senator, Member of the House of Dele- 
gates, or Judge,) that I will not directly or indirectly, re- 
ceive the profits or any part of the profits, of [of] any 

other office during the term of my acting as . 

Sec. 7. Every person, hereafter elected, or appointed, 
to office, in this State, who shall refuse, or neglect, to take 
the oath, or affirmation of office, provided for in the sixth 
section of this Article, shall be considered as having re- 
fused to accept the said office ; and a new election, or ap- 
pointment, shall be made, as in case of refusal to accept, 
or resignation of an office ; and any person violating said 
oath, shall, on conviction thereof, in a Court of Law, in 
addition to the penalties now, or hereafter, to be imposed 
by Law, be thereafter incapable of holding any office of 
profit or trust in this State. 



AETICLE II. 

Executive Department. 

Section 1. The Executive Power of the State shall be 
vested in a Governor, whose term of office shall commence 
on the second Wednesday of January next ensuing his 
election, and continue for four years, and until his succes- 



300 Appendix. 

sor shall have qualified ; but the Governor chosen [d] at 
the first election under this Constitution, shall not enter 
upon the discharge of the duties of the office until the ex- 
piration of the term for which the present incumbent was 
elected ; unless the said office shall become vacant by 
death, resignation, removal from the State, or other dis- 
qualification of the said incumbent. 

Sec. 2. An election for Governor, under this Constitu- 
tion, shall be held on the Tuesday next after the first 
Monday of November, in the year eighteen hundred and 
sixty-seven, and on the same day and month in every 
fourth year thereafter, at the places of Voting for Dele- 
gates to the General Assembly ; and every person quali- 
fied to vote for Delegates, shall be qualified and entitled 
to vote for Governor ; the election to be held in the same 
manner as the election of Delegates, and the returns there- 
of, under seal, to be addressed to the Speaker of the House 
of Delegates, and enclosed and transmitted to the Secre- 
tary of State, and delivered to said Speaker at the com- 
mencement of the session of the General Assembly, next 
ensuing said election. 

Sec. 3. The Speaker of the House of Delegates shall 
then open the said Returns, in the presence of both Houses ; 
and the person having the highest number of votes, and 
being constitutionally eligible, shall be the Governor, and 
shall qualify, in the manner herein prescribed, on the 
second Wednesday of January next ensuing his election, 
or as soon thereafter as may be practicable. 

Sec. 4. If two or more persons shall have the highest 
and an equal number of votes for Governor, one of them 
shall be chosen Governor by the Senate and House of 
Delegates; and all questions in relation to the eligibility 
of Governor, and to the returns of said election, and to 
the number and legality of votes therein given, shall be 
determined by the House of Delegates; and if the person, 
or persons, having the highest number of votes, be ineli- 



Constitution of Maryland. 301 

gible, the Governor shall be chosen by the Senate and 
House of Delegates. Every election of Governor by the 
General Assembly shall be determined by a joint majority 
of the Senate and House of Delegates; and the vote shall 
be taken vim voce. But if two or more persons shall have 
the highest and an equal number of votes, then a second 
vote shall be taken, which shall be confined to the persons 
having an equal number ; and if the vote should again be 
equal, then the election of Governor shall be determined 
by lot between those, who shall have the highest and an 
equal number on the first vote. 

Sec. 5. A person to be eligible io the office of Governor, 
must have attained the age of thirty years, and must have 
been for ten years a citizen of the State of Maryland, and 
for five years next preceding his election, a resident of the 
State, and, at the time of his election, a qualified voter 
therein. 

Sec. 6. In case of the death or resignation of the Gov- 
ernor, or of his removal from the State, or other disquali- 
fication, the General Assembly, if in session, or if not, at 
their next session, shall elect some other qualified person 
to be Governor for the residue of the term for which the 
said Governor had been elected. 

Sec. 7. In case of any vacancy in the office of Governor, 
during the recess of the Legislature, the President of the 
Senate shall discharge the duties of said office, until a 
Governor is elected, as herein provided for ; and in case 
of the death or resignation of the said President, or of his 
removal from the State, or of his refusal to serve, then the 
duties of said office shall, in like manner, and for the 
same interval, devolve upon the Speaker of the House of 
Delegates. And the Legislature may provide by Law, for 
the impeachment of the Governor ; and in case of his 
conviction, or his inability, may declare what person shall 
perform the Executive duties ; and for any vacancy in 
said office not herein provided for, provision may be made 
26 



302 Appendix. 

by Law ; and if such vacancy should occur without such 
[ provision being made, the Legislature shall be convened 
by the Secretary of State for the purpose of filling said 
vacancy. 

Sec. 8. The Governor shall be the Commander-in-Chief 
of the land and naval forces of the State ; and may call 
out the Militia to repel invasions, suppress insurrections, 
and enforce the execution of the Laws ; but shall not take 
the command in person, without the consent of the Legis- 
lature. 

Sec. 9. He shall take care that the Laws are faithfully 
executed. 

Sec. 10. He shall nominate, and, by and with the ad- 
vice and consent of the Senate, appoint all civil and mili- 
tary officers of the State, whose appointment, or election, 
is not otherwise herein provided for ; unless a different 
mode of appointment be prescribed by the Law creating 
the office. 

Sec. 11. In case of any vacancy, during the recess of 
the Senate, in any office which the Governor has power 
to fill, he shall appoint some suitable person to said office, 
whose commission shall continue in force until the end of 
the next session of the Legislature, or until some other 
person is appointed to the same office, whichever shall 
first occur ; and the nomination of the person thus ap- 
pointed, during the recess, or, of some other person in his 
place, shall be made to the Senate within thirty days after 
the next meeting of the Legislature. 

Sec. 12. No person, after being rejected by the Senate, 
shall be again nominated for the same office at the same 
session, unless at the request of the Senate ; or, be ap- 
pointed to the same office during the recess of the Legis- 
lature. 

Sec. 13. All civil officers appointed by the Governor 
and Senate, shall be nominated to the Senate within fifty 
days from the commencement of each regular session of 



Constitution of Maryland. 303 

the Legislature ; and their term of office, except in cases 
otherwise provided for in this Constitution, shall com- 
mence on the first Monday of May next ensuing their ap- 
pointment, and continue for two years (unless removed 
from office) and until their successors, respectively, qualify 
according to Law ; but the term of office of the Inspectors 
of Tobacco shall commence on the first Monday of March 
next ensuing their appointment. 

Sec. 14. If a vacancy shall occur, during the session 
of the Senate, in any office which the Governor and 
Senate have the power to fill, the Governor shall nomi- 
nate to the Senate before its final adjournment, a proper 
person to fill said vacancy, unless such vacancy occurs 
within ten days before said final adjournment. 

Sec. 15. The Governor may suspend, or arrest any 
military officer of the State for disobedience of orders, or 
other military offence ; and may remove him in pursuance 
of the sentence of a Court Martial; and may remove for 
incompetency, or misconduct, all civil officers who received 
appointment from the Executive for a term of years. 

Sec. 1G. The Governor shall convene the Legislature, 
or the Senate alone, on extraordinary occasions; and 
whenever from the presence of an enemy, or from any 
other cause, the Seat of Government shall become an un- 
safe place for the meeting of the Legislature, he may direct 
their sessions to be held at some other convenient place. 

Sec. 17. To guard against hasty or partial legislation, 
and encroachments of the Legislative Department upon 
the co-ordinate Executive and Judicial Departments, 
every Bill which shall have passed the House of Delegates 
and the Senate, shall, before it becomes a Law, be pre- 
sented to the Governor of the State ; if he approve, he 
shall sign it ; but if not, he shall return it, with his ob- 
jections, to the House in which it originated, which 
House shall enter the objections at large on its Journal, 
and proceed to reconsider the Bill ; if, after such recon- 



304 Appendix. 

sideration, three-fifths of the members elected to that 
House shall pass the Bill, it shall be sent, with the objec- 
tions, to the other House, by which it shall likewise be 
reconsidered, and if passed by three-fifths of the mem- 
bers elected to that House, it shall become a Law. But, 
in all such cases, the votes of both Houses shall be deter- 
mined by yeas and nays ; and the names of the persons 
voting for and against the Bill, shall be entered on the 
Journal of each House, respectively. If any Bill shall 
not be returned by the Governor within six days, (Sun- 
days excepted) after it shall have been presented to him, 
the same shall be a Law in like manner as if he signed it ; 
unless the General Assembly shall, by adjournment, pre- 
vent its return, in which case it shall not be a Law. 

Sec. 18. It shall be the duty of the Governor, semi-an- 
nually (and oftener, if he deem it expedient) to examine 
under oath the Treasurer and Comptroller of the State on 
all matters pertaining to their respective offices ; and in- 
spect their Bank and other Account Books. 

Sec. 19. He shall, from time to time, inform the Legis- 
lature of the condition of the State and recommend to 
their consideration such measures as he may judge neces- 
sary and expedient. 

Sec. 20. He shall have power to grant reprieves and 
pardons, except in cases of impeachment, and in cases, in 
which he is prohibited by other Articles of this Constitu- 
tion ; and to remit fines and forfeitures for offences against 
the State ; but shall not remit the principal, or interest of 
any debt due the State, except, in cases of fines and for- 
feitures ; and before granting a nolle prosequi, or pardon, 
he shall give notice, in one or more newspapers, of the 
application made for it, and of the day on, or after which, 
his decision will be given ; and in every case, in which he 
exercises this power, he shall report to either Branch of 
the Legislature, whenever required, the petitions, recom- 
mendations, and reasons, which influenced his decision. 



Constitution of Maryland. 305 

Sec. 21. The Governor shall reside at the Seat of Gov- 
ernment, and receive for his services an annual salary of 
Four Thousand Five Hundred dollars. 

Sec. 22. A Secretary of State shall be appointed by 
the Governor, by and with the advice and consent of the 
Senate, who shall continue in office, unless sooner removed 
by the Governor, till the end of the official term of the 
Governor from whom he received his appointment, and 
receive an annual salary of Two Thousand dollars, and 
shall reside at the Seat of Government ; and the office of 
Private Secretary shall thenceforth cease. 

Sec. 23. The Secretary of State shall carefully keep 
and preserve a Record of all official acts and proceedings, 
which may at all times be inspected by a committee of 
either Branch of the Legislature ; and he shall perform 
such other duties as may be prescribed by Law, or as may 
properly belong to his office, together with all clerical 
duty belonging to the Executive Department. 



ARTICLE III. 
Legislative Department. 

Section 1. The Legislature shall consist of two dis- 
tinct Branches; a Senate, and a House of Delegates, and 
shall be styled the General Assembly of Maryland. 

Sec. 2. Each County in the State, and each of the three 
Legislative Districts of Baltimore City, as they are now, 
or may hereafter be defined, shall be entitled to one Sen- 
ator, who shall be elected by the qualified voters of the 
Counties, and of the Legislative Districts of Baltimore 
City, respectively, and shall serve for four years from the 
date of his election, subject to the classification of Senators, 
hereafter provided for. 

Sec. 3. Until the taking and publishing of the next 
26* 



306 Appendix. 

National Census, or until the enumeration of the popula- 
tion of this State, under the Authority thereof, the several 
Counties, and the City of Baltimore, shall have represen- 
tation in the House of Delegates, as follows : Alleghany 
County, five Delegates ; Anne Arundel County, three Dele- 
gates ; Baltimore County, six Delegates ; each of the three 
Legislative Districts of the City of Baltimore, six Dele- 
gates ; Calvert County, two Delegates ; Caroline County, 
two Delegates ; Carroll County, four Delegates ; Cecil 
County, four Delegates ; Charles County, two Delegates ; 
Dorchester County, three Delegates; Frederick County, 
six Delegates ; Harford County, four Delegates ; Howard 
County, two Delegates ; Kent County, two Delegates ; 
Montgomery County, three Delegates; Prince George's 
County, three Delegates; Queen Anne's County, two Dele- 
gates ; Saint Mary's County, two Delegates ; Somerset 
County, three Delegates ; Talbot County, two Delegates ; 
Washington County, five Delegates; and Worcester 
County, three Delegates. 

Sec. 4. As soon as may he after the taking and publish- 
ing of the next National Census, or after the enumeration 
of the population of this State, under the Authority 
thereof, there shall be an apportionment of representation 
in the House of Delegates, to be made on the following 
basis, to wit : Each of the several Counties of the State, 
having a population of eighteen thousand souls, or less, 
shall be entitled to two Delegates; and every County, 
having a population of over eighteen thousand, and less 
than twenty-eight thousand souls, shall be entitled to 
three Delegates ; and every County, having a population 
of twenty-eight thousand, and less than forty thousand 
souls, shall be entitled to four Delegates; and every 
County, having a population of forty thousand, and less 
than fifty-five thousand souls, shall be entitled to five 
Delegates ; and every County, having a population of 
fifty-five thousand souls, and upwards, shall be entitled to 



Constitution of Maryland. 307 

six Delegates, and no more ; and each of the three Legis- 
lative Districts of the City of Baltimore shall be entitled 
to the number of Delegates to which the largest County 
shall, or may be entitled, under the aforegoing apportion- 
ment. And the General Assembly shall have power to 
provide by Law, from time to time, for altering and chang- 
ing the boundaries of the three existing Legislative Dis- 
tricts of the City of Baltimore, so as to make them, as 
near as may be, of equal population ; but said Districts 
shall always consist of contiguous territory. 

Sec. 5. Immediately after the taking and publishing 
of the next National Census, or after any State enumera- 
tion of population, as aforesaid, it shall be the duty of the 
Governor, then being, to arrange the Eepresentation in 
said House of Delegates, in accordance with the appor- 
tionment herein provided for ; and to declare, by Procla- 
mation, the number of Delegates, to which each County, 
and the City of Baltimore may be entitled, under such 
apportionment; and after every National Census taken 
thereafter, or after any State enumeration of population, 
thereafter made, it shall be the duty of the Governor, for 
the time being, to make similar adjustment of Represen- 
tation, and to declare the same by Proclamation, as afore- 
said. 

Sec. 6. The members of the House of Delegates shall 
be elected by the qualified voters of the Counties, and the 
Legislative Districts of Baltimore City, respectively, to 
serve for two years, from the day of their election. 

Sec. 7. The first election for Senators and Delegates 
shall take place on the Tuesday next, after the first Mon- 
day in the month of November, eighteen hundred and 
sixty-seven ; and the election for Delegates, and as nearly 
as practicable, for one-half of the Senators, shall be held 
on the same day, in every second year thereafter. 

Sec. 8. Immediately after the Senate shall have con- 
vened, after the first election, under this Constitution, the 



308 Appendix. 

Senators shall be divided by lot, into two classes, as nearly 
equal in number as may be — Senators of the first class 
shall go out of office at the expiration of two years, and 
Senators shall be elected on the Tuesday next after the 
first Monday in the month of November, eighteen hun- 
dred and sixty-nine, for the term of four years, to supply 
their places; so that, after the first election, one-half of 
the Senators may be chosen every second year. In case 
the number of Senators be hereafter increased, such clas- 
sification of the additional Senators shall be made as to 
preserve, as nearly as may be, an equal number in each 
class. 

Sec. 9. No person shall [be] eligible as a Senator or 
Delegate, who at the time of his election, is not a citizen 
of the State of Maryland, and who has not resided therein, 
for at least three years, next preceding the day of his elec- 
tion, and the last year thereof, in the County, or in the 
Legislative District of Baltimore City, which he may be 
chosen to represent, if such County, or Legislative Dis- 
trict of said City, shall have been so long established ; and 
if not, then in the County, or City, from which, in whole, 
or in part, the same may have been formed ; nor shall any 
person be eligible as a Senator, unless he shall have at- 
tained the age of twenty-five years, nor as a Delegate, un- 
less he shall have attained the age of twenty-one years, at 
the time of his election. 

Sec. 10. No member of Congress, or person holding 
any civil or military office under the United States, shall 
be eligible as a Senator or Delegate ; and if any person 
shall after his election as Senator or Delegate, be elected 
to Congress, or be appointed to any office, civil or mili- 
tary, under the Government of the United States, his ac- 
ceptance thereof, shall vacate his seat. 

Sec. 11. No Minister or Preacher of the Gospel, or of 
any religious creed, or denomination, and no person hold- 
ing any civil office of profit, or trust, under this State, ex- 



Constitution of Maryland. 309 

cept Justices of the Peace shall be eligible as Senator, or 
Delegate. 

Sec. 12. No Collector, Receiver, or Holder of public 
money shall be eligible as Senator or Delegate, or to any 
office of profit, or trust, under this State, until he shall 
have accounted for, and paid into the Treasury all sums 
on the Books thereof charged to, -and due by him. 

Sec. 13. In case of death, disqualification, resignation, 
refusal to act, expulsion, or removal from the county, or 
city, for which he shall have been elected, of any person, 
who shall have been chosen as a Delegate, or Senator, or 
in case of a tie between two or more such qualified per- 
sons, a warrant of election shall be issued by the Speaker 
of the House of Delegates, or President of the Senate, as 
the case may be, for the election of another person in his 
place, of which election, not less than ten days' notice 
shall be given, exclusive of the day of the publication of 
the notice, and of the day of election ; and, if during the 
recess of the Legislature, and more than ten days before 
its termination, such death shall occur, or such resignation, 
refusal to act, or disqualification be communicated, in 
writing to the Governor by the person, so resigning, refus- 
ing, or disqualified, it shall be the duty of the Governor 
to issue a warrant of election to supply the vacancy thus 
created, in the same manner, the said Speaker, or Presi- 
dent, might have done, during the session of the General 
Assembly ; provided, however, that unless a meeting of 
the General Assembly may intervene, the election, thus 
ordered to fill such vacancy, shall be held on the day of 
the ensuing election for Delegates and Senators. 

Sec. 14. The General Assembly shall meet on the first 
Wednesday of January, eighteen hundred and sixty- 
eight, and on the same day in every second year thereafter, 
and at no other time, unless convened by Proclamation 
of the Governor. 

Sec. 15. The General Assembly may continue its Ses- 



310 s Appendix. 

sion so long as, in its judgment, the public interest may 
require, for a period not longer than ninety days ; and 
each member thereof, shall receive a compensation of five 
dollars per diem for every day he shall attend the session ; 
but not for such days as he may be absent, unless absent 
on account of sickness, or by leave of the House of which 
he is a member; and he- shall also receive such mileage 
as may be allowed by Law, not exceeding twenty cents 
per mile ; and the Presiding officer of each House shall 
receive an additional compensation of three dollars per 
day. When the General Assembly shall be convened by 
Proclamation of the Governor, the session shall not con- 
tinue longer than thirty days ; and in such case, the com- 
pensation shall be the same as herein prescribed. 

Sec. 16. No book, or other printed matter, not apper- 
taining to the business of the session, shall be purchased, 
or subscribed for, for the use of the members of the General 
Assembly, or be distributed among them, at the public 
expense. 

Sec. 17. No Senator or Delegate, after qualifying as 
such, notwithstanding he may thereafter resign, shall dur- 
ing the whole period of time, for which he was elected, 
be eligible to any office, which shall have been created, or 
the salary, or profits of which shall have been increased, 
during such term. 

Sec. IS. No Senator or Delegate shall be liable in any 
civil action, or criminal prosecution, whatever, for words 
spoken in debate. 

Sec. 19. Each House shall be judge of the qualifications 
and elections of its members, as prescribed by the Consti- 
tution and Laws of the State; shall appoint its own 
officers, determine the rules of its own proceedings, pun- 
ish a member for disorderly or disrespectful behaviour, 
and with the consent of two-thirds of its whole number 
of members elected, expel a member; but no member 
shall be expelled a second time for the same offence. 



Constitution of Maryland. 311 

Sec. 20. A majority of the whole number of members 
elected to each House shall constitute a quorum for the 
transaction of business ; but a smaller number may ad- 
journ from day to day, and compel the attendance of ab- 
sent members, in such manner, and under such penalties, 
as each House may prescribe. 

Sec. 21. The doors of each House, and of the Commit- 
tee of the Whole, shall be open, except when the business 
is such as ought to be kept secret. 

Sec. 22. Each House shall keep a Journal of its pro- 
ceedings, and cause the same to be published. The yeas 
and nays of members on any question, shall at the call of 
any five of them in the House of Delegates, or one in the 
Senate, be entered on the Journal. 

Sec. 23. Each House may punish by imprisonment, 
during the session of the General Assembly, any person, 
not a member, for disrespectful, or disorderly behaviour 
in its presence, or for obstructing any of its proceedings, 
or any of its officers in the execution of their duties ; pro- 
vided, such imprisonment shall not, at any one time, ex- 
ceed ten days. 

Sec. 24. The House of Delegates may inquire, on the 
oath of witnesses, into all complaints, grievances and 
offences, as the Grand Inquest of the State, and may com- 
mit any person, for any crime, to the public jail, there to 
remain, until discharged by due course of Law. They 
may examine and pass all accounts of the State, relating 
either to the collection or expenditure of the revenue, and 
appoint Auditors to state and adjust the same. They 
may call for all public, or official papers and records, and 
send for persons, whom they may judge necessary, in the 
course of their inquiries, concerning affairs relating to the 
public interest, and may direct all office bonds which shall 
be made payable to the State, to be sued for any breach 
thereof; and with the view to the more certain preven- 
tion, or correction of the abuses in the expenditures of 



312 Appendix. 

the money of the State, the General Assembly shall create, 
at every session thereof, a joint Standing Committee of 
the Senate and House of Delegates, who shall have power 
to send for persons, and examine them on oath, and call 
for Public, or Official Papers and Kecords, and whose 
duty it shall be to examine and report upon all contracts 
made for printing stationery, and purchases for the Public 
offices, and the Library, and all expenditures therein, and 
upon all matters of alleged abuse in expenditures, to 
which their attention may be called by Resolution of 
either House of the General Assembly. 

Sec. 25. Neither House shall, without the consent of 
the other, adjourn for more than three days, at any one 
time, nor adjourn to any other place, than that in which 
the House shall be sitting, without the concurrent vote of 
two-thirds of the members present. 

Sec. 26. The House of Delegates shall have the sole 
power of impeachment in all cases ; but a majority of all 
the members elected must concur in the impeachment. 
All impeachments shall be tried by the Senate, and when 
sitting for that purpose, the Senators shall be on oath, or 
affirmation, to do justice according to the law and the evi- 
dence ; but no person shall be convicted without the con- 
currence of two-thirds of all the Senators elected. 

Sec. 27. Any bill may originate in either House of the 
General Assembly, and be altered, amended, or rejected 
by the other ; but no bill shall originate in either House 
during the last ten days t>f the session, unless two-thirds 
of the members elected thereto shall so determine by yeas 
and nays ; nor shall any bill become a Law, until it be 
read on three different days of the session in each House^ 
unless two-thirds of the members elected to the House, 
where such bill is pending, shall so determine by yeas and 
nays ; and no bill shall be read a third time until it shall 
have been actually engrossed for a third reading. 

Sec. 28. No bill shall become a Law unless it be passed 



Constitution of Maryland. 313 

in each House by a majority of the whole number of mem- 
bers elected, and on its final passage, the yeas and nays be 
recorded ; nor shall any Kesolution, requiring the action 
of both Houses, be passed except in the same manner. 

Sec. 29. The style of all Laws of this State shall be, 
"Be it enacted by the General Assembly of Maryland:" 
and all Laws shall be passed by original bill ; and every 
Law enacted by the General Assembly shall embrace but 
one subject, and that shall be described in its title ; and no 
Law, nor section of Law, shall be revived, or amended by 
reference to its title, or section only ; nor shall any Law 
be construed by reason of its title, to grant powers, or 
confer rights which are not expressly contained in the 
body of the Act ; and it shall be the duty of the General 
Assembly, in amending any article, or section of the Code 
of Laws of this State, to enact the same, as the said article, 
or section would read when amended. And whenever the 
General Assembly shall enact any Public General Law, 
not amendatory of any section, or article in the said Code, 
it shall be the duty of the General Assembly to enact the 
same, in articles and sections, in the same manner, as tho 
Code is arranged, and to provide for the publication of all 
additions and alterations, which may be made to the said 
Code. 

Sec. 30. Every bill, when passed by the General As- 
sembly, and sealed with the Great Seal, shall be presented 
to the Governor, who, if he approves it, shall sign the 
same in the presence of the presiding officers and Chief 
Clerks of the Senate and House of Delegates. Every 
Law shall be recorded in the office of the Court of Ap- 
peals, and in due time, be printed, published and certified 
under the Great Seal, to the several Courts, in the same 
manner as has been heretofore usual in this State. 

Sec. 31. No Law passed by the General Assembly shall 
take effect, until the first day of June, next after the Ses- 
27 



314 Appendix. 

sion, at which it may be passed, unless it be otherwise ex- 
pressly declared therein. 

Sec. 32. No money shall be drawn from the Treasury 
of the State, by any order or resolution, nor except in ac- 
cordance with an appropriation by Law, and every such 
Law shall distinctly specify the sum appropriated, and the 
object, to which it shall be applied ; provided, that noth- 
ing herein contained shall prevent the General Assembly 
from placing a contingent fund at the disposal of the 
Executive, who shall report to the General Assembly, at 
each Session, the amount expended, and the purposes to 
which it was applied. An accurate statement of the re- 
ceipts and expenditures of the public money, shall be 
attached to, and published with the Laws, after each 
regular Session of the General Assembly. 

Sec. 33. The General Assembly shall not pass local, or 
special Laws, in any of the following enumerated cases, 
viz. : For extending the time for the collection of taxes ; 
granting divorces ; changing the name of any person ; 
providing for the sale of real estate, belonging to minors, 
or other persons laboring under legal disabilities, by ex- 
ecutors, administrators, guardians or trustees ; giving effect 
to informal, or invalid deeds or wills ; refunding money 
paid into the State Treasury, or releasing persons from 
their debts, or obligations to the State, unless recommend- 
ed by the Governor, or officers of the Treasury Depart- 
ment. And the General Assembly shall pass no special 
Law, for any case, for which provision has been made, by 
an existing General Law. The General Assembly, at its 
first session after the adoption of this Constitution, shall 
pass General Laws, providing for the cases enumerated in 
this section, which are not already adequately provided 
for, and for all other cases, where a General Law can be 
made applicable. 

Sec. 34. No debt shall be hereafter contracted by the 
General Assembly, unless such debt shall be authorized 



Constitution of Maryland. 315 

by a Law, providing for the collection of an annual tax. 
or taxes, sufficient to pay the interest on such debt, as it 
falls due; and also, to discharge the principal thereof, 
within fifteen years from the time of contracting the 
same ; and the taxes, laid for this purpose, shall not be 
repealed, or applied to any other object, until the said 
debt, and interest thereon, shall be fully discharged. 
The credit of the State shall not in any manner be given, 
or loaned to, or in aid of any individual, association, or 
corporation; nor shall the General Assembly have the 
power, in any mode, to involve the State in the construc- 
tion of Works of Internal Improvement, nor in grant- 
ing any aid thereto, which shall involve the faith, or 
credit of the State ; nor make any appropriation therefor, 
except in aid of the construction of Works of Internal 
Improvement, in the counties of Saint Mary's, Charles 
and Calvert, which have had no direct advantage, from 
such Works, as have been heretofore aided by the State; 
and provided, that such aid, advances, or appropriations 
shall not exceed in the aggregate the sum of five hun- 
dred thousand dollars. And they shall not use, or ap- 
propriate the proceeds of the Internal Improvement 
Companies, or of the State tax, now levied, or which 
may hereafter be levied, to pay off the public debt, to any 
other purpose until the interest and debt are fully paid, 
or the sinking fund shall be equal to the amount of the 
outstanding debt ; but the General Assembly may, with- 
out laying a tax, borrow an amount never to exceed fifty 
thousand dollars, to meet temporary deficiencies in the 
Treasury, and may contract debts to any amount that 
may be necessary for the defence of the State. 

Sec. 35. No extra compensation shall be granted, or 
allowed, by the General Assembly, to any Public Officer, 
Agent, Servant or Contractor, after the service shall have 
been rendered, or the contract entered into ; nor shall the 
salary, or compensation of any public officer be increased, 
or diminished during his term of office. 



316 Appendix. 

Sec. 36. No Lottery grant shall ever hereafter be au- 
thorized by the General Assembly. 

Sec. 37. The General Assembly shall pass no Law pro- 
viding for payment, by this State, for Slaves emancipated 
from servitude in this State ; but they shall adopt such 
measures, as they may deem expedient, to obtain from the 
United States, compensation for such Slaves, and to re- 
ceive, and distribute the same, equitably, to the persons 
entitled. 

Sec. 38. No person shall be imprisoned for debt. 

Sec. 39. The General Assembly shall grant no charter 
for Banking purposes, nor renew any Banking Corpora- 
tion, now in existence, except upon the condition that the 
Stockholders shall be liable to the amount of their respec- 
tive Share, or Shares of Stock in such Banking Institu- 
tion, for all its debts and liabilities, upon note, bill, or 
otherwise ; the Books, papers, and accounts of all Banks 
shall be open to inspection, under such regulations as may 
be prescribed by Law. 

Sec. 40. The General Assembly shall enact no Law 
authorizing private property, to be taken for public use, 
without just compensation, as agreed upon between the 
parties, or awarded by a jury, being first paid, or ten- 
dered to the party, entitled to such compensation. 

Sec. 41. Any citizen of this State, who shall after the 
adoption of this Constitution, either in, or out of this 
State, fight a duel with deadly weapons, or send, or ac- 
cept a challenge so to do, or who shall act as a second, or 
knowingly aid or assist in any manner, those offending, 
shall, ever thereafter, be incapable of holding any office 
of profit or trust, under this State, unless relieved from 
the disability by an act of the Legislature. 

Sec. 42. The General Assembly shall pass Laws neces- 
sary for the preservation of the purity of Elections. 

Sec. 43. The property of the wife shall be protected 
from the debts of her husband. 



Constitution of Maryland. 317 

Sec. 44. Laws shall be passed by the General Assem- 
bly, to protect from execution a reasonable amount of the 
property of the debtor, not exceeding in value, the sum 
of five hundred dollars. 

Sec. 45. The General Assembly shall provide a sim- 
ple and uniform system of charges in the offices of Clerks 
of Courts, and Kegisters of Wills, in the Counties of this 
State, and the City of Baltimore, and for the collection 
thereof; provided, the amount of compensation to any of 
the said officers, in the various Counties, shall not exceed 
the sum of three thousand dollars a year, and in the City 
of Baltimore thirty-five hundred dollars a year, over and 
above office expenses, and compensation to assistants ; and 
provided further, that such compensation, of Clerks, Reg- 
isters, assistants and office expenses shall always be paid 
out of the fees, or receipts of the offices, respectively. 

Sec. 46. The General Assembly shall have power to 
receive from the United States, any grant, or donation of 
land, money, or securities for any purpose designated by 
the United States, and shall administer, or distribute the 
same according to the conditions of the said grant. 

Sec. 47. The General Assembly shall make provisions 
for all cases of contested elections of any of the officers, 
not herein provided for. 

Sec. 48. Corporations may be formed under general 
Laws ; but shall not be created by special act, except for 
municipal purposes, and except in cases, where no general 
Laws exist, providing for the creation of corporations of 
the same general character, as the corporation proposed 
to be created ; and any act of incorporation, passed in 
violation of this section, shall be void. And as soon as 
practicable, after the adoption of this Constitution, it shall 
be the duty of the Governor, to appoint three persons 
learned in the Law, whose duty it shall be, to prepare 
drafts of general Laws, providing for the creation of cor- 
porations, in such cases as may be proper, and for all 
27* 



318 Appendix. 

other cases, where a general Law can be made ; and for 
revising and amending, so far as may be necessary, or ex- 
pedient, the general Laws which may be in existence on 
the first day of June, eighteen hundred and sixty-seven, 
providing for the creation of corporations, and for other 
purposes ; and such drafts of Laws shall by said commis- 
sioners, be submitted to the General Assembly, at its first 
meeting, for its action thereon ; and each of said com- 
missioners shall receive a compensation of five hundred 
dollars for his services, as such commissioner. 

All Charters granted, or adopted, in pursuance of 
this section, and all Charters heretofore granted and 
created, subject to repeal or modification, may be altered, 
from time to time, or be repealed; provided, nothing 
herein contained shall be construed" to extend to Banks, 
or the incorporation thereof. 

Sec. 49. The General Assembly shall have power to 
regulate by Law, not inconsistent with this Constitution, 
all matters which relate to the Judges of election, time, 
place and manner of holding elections in this State, and 
of making returns thereof. 

Sec. 50. It shall be the duty of the General Assembly, 
at its first session, held after the adoption of this Constitu- 
tion, to provide by Law for the punishment, by fine, or 
imprisonment in the Penitentiary, or both, in the discre- 
tion of the Court, of any person, who shall bribe, or at- 
tempt to bribe, any Executive, or Judicial officer of the 
State of Maryland, or any member, or officer of the Gen- 
eral Assembly of the State of Maryland, or of any Mu- 
nicipal Corporation in the State of Maryland, or any Ex- 
ecutive officer of such corporation, in order to influence 
him in the performance of any of his official duties; and, 
also, to provide by Law for the punishment by fine, or 
imprisonment in the Penitentiary, or both, in the discre- 
tion of the Court, of any of said officers, or members, who 
shall demand, or receive any bribe, fee, reward, or testi- 



Constitution of Maryland. 319 

monial, for the performance of his official duties, or for 
neglecting, or failing to perform the same ; and, also, to 
provide by LaAV for compelling any person, so bribing, or 
attempting to bribe, or so demanding, or receiving a bribe, 
fee, reward, or testimonial, to testify against any person, 
or persons, who may have committed any of said offences ; 
provided, that any person, so compelled to testify, shall 
be exempted from trial and punishment for the offence, 
of which he may have been guilty ; and any person, con- 
victed of sucli offence, shall, as part of the punishment 
thereof, be forever disfranchised and disqualified from 
holding any office of trust, or profit, in this State. 

Sec. 51. The personal property of residents of this 
State, shall be subject to taxation in the county, or city, 
where the resident bona fide resides for the greater part of 
the year, for which the tax may, or shall be levied, and 
not elsewhere, except goods and chattels permanently lo- 
cated, which shall be taxed in the City, or County where 
they are so located. 

Sec. 52. The General Assembly shall appropriate no 
money out of the Treasury for payment of any private 
claim against the State exceeding three hundred dollars, 
unless said claim shall have been first presented to the 
Comptroller of the Treasury, together with the proofs 
upon which the same is founded, and reported upon by 
him. 

Sec. 53. No person shall be incompetent, as a witness, 
on account of race or color, unless hereafter so declared 
by Act of the General Assembly. 

Sec. 54. No County of this State shall contract any 
debt, or obligation, in the construction of any Railroad, 
Canal, or other Work of Internal Improvement, nor give, 
or loan its credit to, or in aid of any association, or cor- 
poration, unless authorized by an Act of the General As- 
sembly, which shall be published for two months before 
the next election for members of the House of Delegates 



320 Appendix. 

in the newspapers published in such County, and shall 
also be approved by a majority of all the members elected 
to each House of the General Assembly at its next Session 
after said election. 

Sec. 55. The General Assembly shall pass no Law 
suspending the privilege of the Writ of Habeas Corpus. 

Sec. 56. The General Assembly shall have power to 
pass all such Laws as may be necessary and proper for 
carrying into execution the powers vested, by this Con- 
stitution, in any Department, or office of the Government, 
and the duties imposed upon them thereby. 

Sec. 57. The Legal Rate of Interest shall be six per 
cent, per annum ; unless otherwise provided by the Gen- 
eral Assembly. 

Sec. 58. The Legislature at its first session after the 
ratification of this Constitution shall provide by Law for 
State and municipal taxation upon the revenues accruing 
from business done in the State by all foreign corporations. 

Sec. 59. The office of "State Pension Commissioner" 
is hereby abolished ; and the Legislature shall pass no 
law creating such office, or establishing any general pen- 
sion system within this State. 



ARTICLE IV. 
Judiciary Department. 

Part I. — General Provisions. 

Section 1. The Judicial power of this State shall be 
vested in a Court of Appeals, Circuit Courts, Orphans' 
Courts, such Courts for the City of Baltimore as are here- 
inafter provided for, and Justices of the Peace ; all said 
Courts shall be Courts of Record, and each shall have a 
seal to be used in the authentication of all process issuing 
therefrom. The process and official character of Justices 



Constitution of Maryland. 321 

of the Peace shall be authenticated as hath heretofore 
been practiced in this State, or may hereafter be prescribed 
by Law. 

Sec. 2. The Judges of all of the said Courts shall be 
citizens of the State of Maryland, and qualified voters 
under this Constitution, and shall have resided therein 
not less than five years, and not less than six months next 
preceding their election, or appointment, in the Judicial 
Circuit, as the case may be, for which they may be, re- 
spectively, elected, or appointed. They shall be not less 
than thirty years of age at the time of their election, or 
appointment, and shall be selected from those who have 
been admitted to practice Law in this State, and who are 
most distinguished for integrity, wisdom and sound legal 
knowledge. 

Sec. 3. The Judges of the said several Courts shall be 
elected in the Counties by the qualified voters in their re- 
spective Judicial Circuits, as hereinafter provided, at the 
general election to be held on the Tuesday after the first 
Monday in November next, and in the City of Baltimore, 
on the fourth Wednesday of October next. Each of the 
said Judges shall hold his office for the term of fifteen 
years from the time of his election, and until his successor 
is elected and qualified, or until he shall have attained 
the age of seventy years, whichever may first happen, and 
be re-eligible thereto until he shall have attained the age 
of seventy years, and not after ; but in case of any Judge, 
who shall attain the age of seventy years whilst in office, 
such Judge may be continued in office by the General 
Assembly for such further time as they may think fit, not 
to exceed the term for which he was elected, by a Resolu- 
tion to be passed at the session next preceding his attain- 
ing said age. In case of the inability of any of said 
Judges to discharge his duties with efficiency, by reason 
of continued sickness, or of physical or mental infirmity, 
it shall be in the power of the General Assembly, two- 



322 Appendix. 

thirds of the members of each House concurring, with the 
approval of the Governor, to retire said Judge from office. 

Sec. 4. Any Judge shall be removed from office by the 
Governor, on conviction in a Court of Law, of incompe- 
tency, of wilful neglect of duty, misbehaviour in office, or 
any other crime, or on impeachment, according to this 
Constitution, or the Laws of the State ; or on the address 
of the General Assembly, two-thirds of each House con- 
curring in such address, and the accused having been no- 
tified of the charges against him, and having had oppor- 
tunity of making his defence. 

Sec. 5. After the election for Judges, to be held as 
above mentioned, upon the expiration of the term, or iu 
case of the death, resignation, removal, or other disquali- 
fication, of any Judge, the Governor shall appoint a 
person duly qualified to fill said office, who shall hold the 
same until the next general election for members of the 
General Assembly, when a successor shall be elected, 
whose tenure of office shall be the same, as hereinbefore 
provided ; but if the vacancy shall occur in the City of 
Baltimore, the time of election shall be the fourth Wed- 
nesday in October following. 

Sec. 6. All Judges shall, by virtue of their offices, be 
Conservators of the Peace throughout the State ; and no 
fees, or perquisites, commission, or reward of any kind, 
shall be allowed to any Judge in this State, besides his 
annual salary, for the discharge of any Judicial duty. 

Sec. 7. No Judge shall sit in any case wherein he may 
be interested, or where either of the parties may be con- 
nected with him, by affinity or consanguinity, within 
such degrees as now are, or may hereafter be prescribed 
by Law, or where he shall have been of counsel in the 
case. 

Sec. 8. The parties to any cause may submit the same 
to the Court for determination, without the aid of a jury ; 
and the Judge, or Judges of any Court of this State, ex- 



Constitution of Maryland. 323 

cept the Court of Appeals, shall order and direct the 
Record of proceedings in any suit, or action, issue, or 
petition, presentment, or indictment, pending in such 
Court, to be transmitted to some other Court, (and of a 
different Circuit, if the party applying shall so elect,) 
having jurisdiction in such cases, whenever any party to 
such cause, or the counsel of any party, shall make a sug- 
gestion, in writing, supported by the affidavit of such 
party, or his counsel, or other proper evidence, that the 
party cannot have a fair or impartial trial in the Court, 
in which such suit, or action, issue, or petition, present- 
ment, or indictment is pending, or when the Judges of 
said Court shall be disqualified, under the provisions of 
this Constitution, to sit in any such suit, action, issue, 
or petition, presentment, or indictment ; and the General 
Assembly shall make such modifications of existing Law 
as may be necessary to regulate and give force to this pro- 
vision. 

Sec. 9. The Judge, or Judges of any Court, may ap- 
point such officers for their respective Courts as may be 
found necessary ; and such officers of the Courts in the 
City of Baltimore shall be appointed by the Judges of 
the Supreme Bench of Baltimore City. It shall be the 
duty of the General Assembly to prescribe, by Law, a 
fixed compensation for all such officers ; and said Judge, 
or Judges shall, from time to time, investigate the ex- 
penses, costs and charges of their respective Courts, with a 
view to a change or reduction thereof, and report the re- 
sult of such investigation to the General Assembly for its 
action. 

EC. 10. The Clerks of the several Courts, created, or 
continued by this Constitution, shall have charge and 
custody of the records and other papers, shall perform all 
the duties, and be allowed the fees, which appertain to 
their several offices, as the same now are, or may here- 
after be regulated by Law. And the office and business 



324 Appendix. 

of said Clerks, in all their departments, shall be subject to 
the visitorial power of the Judges of their respective 
Courts, who shall exercise the same, from time to time, 
bo as to insure the faithful performance of the duties of 
said offices ; and it shall be the duty of the Judges of said 
Courts respectively, to make, from time to time, such rules 
and regulations as may be necessary and proper for the 
government of said Clerks, and for the performance of 
the duties of their offices, which shall have the force of 
Law until repealed, or modified by the General Assembly. 

Sec. 11. The election for Judges, hereinbefore provided, 
and all elections for Clerks, Registers of Wills, and other 
officers, provided in this Constitution, except State's At- 
torneys, shall be certified, and the returns made, by the 
Clerks of the Circuit Courts of the Counties, and the 
Clerk of the Superior Court of Baltimore city, respectively, 
to the Governor, who shall issue commissions to the dif- 
ferent persons for the offices to which they shall have been, 
respectively, elected ; and in all such elections, the person 
having the greatest number of votes, shall be declared to 
be elected. 

Sec. 12. If in any case of election forjudges, Clerks of 
the Courts of Law, and Registers of Wills, the opposing 
candidates shall haye an equal number of votes, it shall 
be the duty of the Governor to order a new election ; and 
in case of any contested election, the Governor shall send 
the returns to the House of Delegates, which shall judge 
of the election and qualification of the candidates at such 
election ; and if the judgment shall be against the one 
who has been returned elected, or the one who has been 
commissioned by the Governor, the House of Delegates 
shall order a new election within thirty days. 

Sec. 13. All Fublie- Commissions and Grants shall run 
thus : " The State of Maryland, Ac," and shall be signed 
by the Governor, with the Seal of the State annexed ; all 
writs and process shall run in the same style, and be 



Constitution of Maryland. 325 

tested, sealed and signed, as heretofore, or as may here- 
after be, provided by Law ; and all indictments shall con- 
clude, " against the peace, government and dignity of the 
State." 

Part II. — Court of Appeals. 

Sec. 14. The Court of Appeals shall be composed of 
the Chief Judges of the first seven of the several Judicial 
Circuits of the State, and a Judge from the City of Balti- 
more specially elected thereto, one of whom shall be des- 
ignated by the Governor, by and with the advice and con- 
sent of the Senate, as the Chief Judge : and in all cases, 
until action by the Senate can be had, the Judge so des- 
ignated by the Governor, shall act as Chief Judge. The 
Judge of the Court of Appeals from the City of Baltimore 
shall be elected by the qualified voters of said City, at the 
election of Judges to be held therein, as hereinbefore pro- 
vided ; and in addition to his duties, as Judge of the 
Court of Appeals, shall perform such other duties as the 
General Assembly shall prescribe. The jurisdiction of 
said Court of Appeals shall be co-extensive with the limits 
of the State, and such as now is, or may hereafter be pre- 
scribed by Law. It shall hold its sessions in the city of 
Annapolis, on the first Monday in April, and the first 
Monday in October, of each and every year, or at such 
other times as the General Assembly may, by Law, direct. 
Its sessions shall continue not less than ten months in the 
year, if the business before it shall so require ; and it shall 
be competent for the Judges, temporarily, to transfer their 
sittings elsewhere, upon sufficient cause. 

Sec. 15. Four of said Judges shall constitute a quorum ; 
no cause shall be decided without the concurrence of at least 
three ; but the Judge who heard the cause below, shall 
not participate in the decision ; in every case an opinion, 
in writing, shall be filed within three months after the 
argument, or submission of the cause; and the judgment 
of the Court shall be final and conclusive ; and all cases 
28 



326 Appendix. 

shall stand for hearing at the first term after the trans- 
mission of the Record. 

Sec. 16. Provision shall be made by Law for publish- 
ing Reports of all causes, argued and determined in the 
Court of Appeals, which the Judges shall designate as 
proper for publication. 

Sec. 17. There shall be a Clerk of the Court of Appeals, 
who shall be elected by the legal and qualified voters of 
the State, who shall hold his office for six years, and un- 
til his successor is duly qualified ; he shall be subject to 
removal by the said Court for incompetency, neglect of 
duty, misdemeanor in office, or such other cause, or causes, 
as may be prescribed by Law ; and in case of a vacancy 
in the office of said Clerk, the Court of Appeals shall ap- 
point a Clerk of said Court, who shall hold his office until 
the election and qualification of his successor, who shall 
be elected at the next general election for members of the 
General Assembly ; and the person, so elected, shall hold 
his office for the term of six years from the time of elec- 
tion. 

Sec. 18. It shall be the duty of the Judges of the Court 
of Appeals, as soon after their election, under this Consti- 
tution, as practicable, to make and publish rules and regu- 
lations for the prosecution of appeals to said appellate 
court, whereby they shall prescribe the periods within 
which appeals may be taken, what part or parts of the 
proceedings in the Court below shall constitute the record 
on appeal, and the manner in which such appeals shall 
be brought to hearing or determination, and shall regu- 
late, generally, the practice of said Court of Appeals, so as 
to prevent delays, and promote brevity in all records and 
proceedings brought into said Court, and to abolish and 
avoid all unnecessary costs and expenses in the prosecu- 
tion of appeals therein ; and the said Judges shall make 
such reductions in the fees and expenses of the said Court, 
as they may deem advisable. It shall also be the duty of 



Constitution of Maryland. 327 

said Judges of the Court of Appeals, as soon after their 
election as practicable, to devise, and promulgate by rules 
or orders, forms and modes of framing and filing bills, 
answers, and other proceedings and pleadings in Ecpiity ; 
and also forms and modes of taking and obtaining evi- 
dence, to be used in Equity cases ; and to revise and regu- 
late, generally, the practice in the Courts of Equity of 
this State, so as to prevent delays, and to promote brevity 
and conciseness in all pleadings and proceedings therein, 
and to abolish all unnecessary costs and expenses attend- 
ing the same. And all rules and regulations hereby di- 
rected to be made, shall, when made, have the force of 
Law, until rescinded, changed, or modified by the said 
Judges, or the General Assembly. 

Part III.— Circuit Courts. 

Sec. 19. The State shall be divided into eight Judicial 
Circuits, in manner following, viz. : the Counties of Wor- 
cester, Somerset and Dorchester, shall constitute the First 
Circuit ; the Counties of Caroline, Talbot, Queen Anne 7 s, 
Kent and Cecil, the Second ; the Counties of Baltimore 
and Harford, the Third ; the Counties of Alleghany and 
Washington, the Fourth ; the Counties of Carroll, Howard 
and Anne Arundel, the Fifth ; the Counties of Mont- 
gomery and Frederick, the Sixth ; the Counties of Prince 
George's, Charles, Calvert and St. Mary's, the Seventh; 
and Baltimore City, the Eighth. 

Sec. 20. A Court shall be held in each County of the 
State, to be styled the Circuit Court for the County, in 
which it may be held. The said Circuit Courts shall 
have and exercise, in the respective Counties, all the 
power, authority and jurisdiction, original and appellate, 
which the present Circuit Courts of this State now have 
and exercise, or which may hereafter be prescribed by 
Law. 

Sec. 21. For each of the said Circuits (excepting the 



328 Appendix. 

Eighth,) there shall be a Chief Judge, and two Associate 
Judges, to be styled Judges of the Circuit Court, to be 
elected or appointed, as herein provided. And no two 
of said Associate Judges shall, at the time of their elec- 
tion, or appointment, or during the term, for which they 
may have been elected, or appointed, reside in the same 
County. If two or more persons shall be candidates for 
Associate Judge, in the same County, that one only in 
said County shall be declared elected, who has the highest 
number of votes in the Circuit. In case any two candi- 
dates for Associate Judge, residing in the same County, 
shall have an equal number of votes, greater than any 
other candidate for Associate Judge, in the Circuit, it 
shall be the duty of the Governor to order a new election 
for one Associate Judge ; but the person, residing in any 
other County of the Circuit, and who lias the next highest 
number of votes, shall be declared elected. The said 
Judges shall hold not less than two Terms of the Circuit 
Court in each of the Counties, composing their respective 
Circuits, at such times as are now, or may hereafter be 
prescribed, to which Jurors shall be summoned j and in 
those Counties, where only two such Terms are held, two 
other and intermediate Terms, to which Jurors shall not 
be summoned ; they may alter or fix the times for hold- 
ing any, or all Terms until otherwise prescribed, and shall 
adopt Kules to the end that all business not requiring the 
interposition of a Jury shall be, as far as practicable, dis- 
posed of at said intermediate Terms. One Judge, in each 
of the above Circuits, shall constitute a quorum for the 
transaction of any business ; and the said Judges, or any 
of tliem, may hold Special Terms of their Courts, when- 
ever, in their discretion, the business of the several Coun- 
ties renders such Terms necessary. 

Sec. 22. Where any Term is held, or trial conducted by 
less than the whole number of said Circuit Judges, upon 
the decision, or determination of any point, or question, 



Constitution of Maryland. 329 

by the Court, it shall be competent to the party, against 
whom the ruling or decision is made, upon motion, to 
have the point, or question reserved for the consideration 
of the three Judges of the Circuit, who shall constitute a 
Court in banc for such purposes ; and the motion for such 
reservation shall be entered of record, during the sitting, at 
which such decision may be made ; and the several Cir- 
cuit Courts shall regulate, by rules, the mode and manner 
of presenting such points, or questions to the Court in bane, 
and the decision of the said Court in banc shall be the 
effective decision in the premises, and conclusive, as 
against the party, at whose motion said points, or ques- 
tions were reserved ; but such decision in banc shall not 
preclude the right of Appeal, or writ of error to the ad- 
verse party, in those cases, civil or criminal, in which ap- 
peal, or writ of error to the Court of Appeals may be al- 
lowed by Law. The right of having questions reserved 
shall not, however, apply to trials of Appeals from judg- 
ments of Justices of the Peace, nor to criminal cases below 
the grade of felony, except when the punishment is con- 
finement in the Penitentiary ; and this Section shall be 
subject to such provisions as may hereafter be made by 
Law. 

Sec. 23. The Judges of the respective Circuit Courts of 
this State, and of the Courts of Baltimore City, shall render 
their decisions, in all cases argued before them, or sub- 
mitted for their judgment, within two months after the 
same shall have been so argued or submitted. 

Sec. 24. The salary of each Chief Judge, and of the 
Judge of the Court of Appeals from the City of Baltimore 
shall be three thousand live hundred dollars, and of each 
Associate Judge of the Circuit Court, shall be two thou- 
sand eight hundred dollars per annum, payable quarterly, 
and shall not be diminished during his continuance in 
office. 

Sec. 25. There shall be a Clerk of the Circuit Court 
28* 



330 Appendix. 

for each County, who shall be elected by a plurality of the 
qualified voters of said County, and shall hold his office 
for six years from the time of his election, and until his 
successor is elected and qualified, and be re-eligible, sub- 
ject to be removed for wilful neglect of duty, or other mis- 
demeanor in office, on conviction in a Court of Law. In 
case of a vacancy in the office of Clerk of a Circuit Court, 
the Judges of said Court shall have power to fill such 
vacancy until the general election for Delegates to the 
General Assembly, to be held next thereafter, when a 
successor shall be elected for the term of six years. 

Sec. 26. The said Clerks shall appoint, subject to the 
confirmation of the Judges of their respective Courts, as 
many deputies under them, as the said Judges shall deem 
necessary, to perform, together with themselves, the duties 
of the said office, who shall be removable by the said 
Judges for incompetency, or neglect of duty, and whose 
compensation shall be according to existing, or future pro- 
visions of the General Assembly. 

Part IV. — Courts of Baltimore City. 

Sec. 27. There shall be in the Eighth Judicial Circuit, 
six Courts, to be styled the Supreme Bench of Baltimore 
City, the Superior Court of Baltimore City, the Court of 
Common Pleas, the Baltimore City Court, the Circuit 
Court of Baltimore City, and the Criminal Court of Balti- 
more. 

Sec. 28. The Superior Court of Baltimore City, the 
Court of Common Pleas, and the Baltimore City Court 
shall, each, have concurrent jurisdiction in all civil com- 
mon Law cases, and, concurrently, all the jurisdiction 
which the Superior Court of Baltimore City and the Court 
of Common Pleas now have, except jurisdiction in Equity, 
and except in applications for the benefit of the Insolvent 
Laws of Maryland, and in cases of Appeal from judg- 
ments of Justices of the Peace in said City, whether civil 



Constitution of Maryland. 331 

or criminal, or arising under the ordinances of the Mayor 
and City Council of Baltimore, of all of which appeal 
cases the Baltimore City Court shall have exclusive juris- 
diction ; and the said Court of Common Pleas shall have 
exclusive jurisdiction in all applications for the benefit of 
the Insolvent Laws of Maryland, and the supervision and 
control of the Trustees thereof. 

Sec. 29. The Circuit Court of Baltimore City shall have 
exclusive jurisdiction in Equity within the limits of said 
city, and all such jurisdiction as the present Circuit Court 
of Baltimore City has ; provided, the said Court shall not 
have jurisdiction in applications for the writ of habeas 
corpus in cases of persons charged with criminal offences. 

Sec. 30. The Criminal Court of Baltimore shall have 
and exercise all the jurisdiction, now held and exercised 
by the Criminal Court of Baltimore, except in such Ap- 
peal Cases as are herein assigned to the Baltimore City 
Court. 

Sec. 31. There shall be elected by the legal and quali- 
fied voters of said City, at the election, hereinbefore pro- 
vided for, one Chief Judge, and four Associate Judges, 
who, together, shall constitute the Supreme Bench of 
Baltimore City, and shall hold their offices for the term 
of fifteen years, subject to the provisions of this Constitu- 
tion with regard to the election and qualifications of 
Judges, and their removal from office, and shall exercise 
the jurisdiction, hereinafter specified, and shall each re- 
ceive an annual salary of three thousand five hundred dol- 
lars, payable quarterly, which shall not be diminished 
during their term of office ; but authority is hereby given 
to the Mayor and City Council of Baltimore to pay to each 
of the said Judges an annual addition of five hundred 
dollars to their respective salaries; provided, that the same, 
being once granted, shall not be diminished, nor increased, 
during the continuance of said Judges in office. 

Sec. 32. It shall be the duty of the said Supreme Bench 



382 Appendix. 

of Baltimore City, as soon as the Judges thereof shall be 
elected and duly qualified, and from time to time, to pro- 
vide for the holding of each of the aforesaid Courts, by the 
assignment of one, or more of their number to each of the 
said Courts, who may sit, either separately, or together, 
in the trial of cases ; and the said Supreme Bench of Balti- 
more City may, from time to time, change the said assign- 
ment, as circumstances may require, and the public in- 
terest may demand ; and the Judge, or Judges, so assigned 
to the said several Courts, shall, when holding the same, 
have all the powers and exercise all the jurisdiction, which 
may belong to the Court so being held ; and it shall also 
be the duty of the said Supreme Bench of Baltimore City, 
in case of the sickness, absence, or disability of any Judge 
or Judges, assigned as aforesaid, to provide for the hear- 
ing Of the cases, or transaction of the business assigned to 
said Judge, or Judges, as aforesaid, before some one, or 
more of the Judges of said Court. 

Sec. 33. The said Supreme Bench of Baltimore City 
shall have power, and it shall be its duty, to provide for 
the holding of as many general Terms as the performance 
of its duties may require, such general Terms to be held 
by not less than three Judges ; to make all needful rules 
and regulations for the conduct of business in each of the 
said Courts, during the session thereof, and in vacation, 
or in Chambers, before any of said Judges ; and shall also 
have jurisdiction to hear and determine all motions for 
a new trial in cases tried in any of said Courts, where such 
motions arise, either on questions of fact, or for misdirec- 
tion upon any matters of Law, and all motions in arrest 
of judgment, or upon any matters of Law determined by 
the said Judge, or Judges, while holding said several 
Courts ; and the said Supreme Bench of Baltimore City 
shall make all needful rules and regulations for the hear- 
ing before it of all of said matters ; and the same right of 
appeal to the Court of Appeals shall be allowed from the 



Constitution of Maryland. 333 

determination of the said Court on such matters, as would 
have been the right of the parties if said matters had been 
decided by the Court in which said cases were tried. 

Sec. 34. No appeal shall lie to the Supreme Bench of 
Baltimore City from the decision of the Judge, or Judges, 
holding the Baltimore City Court, in case of appeal from 
a Justice of the Peace ; but the decision by said Judge, or 
Judges, shall be final ; and all writs and other process 
issued out of either of said Courts, requiring attestation, 
shall be attested in the name of the Chief Judge of the 
said Supreme Bench of Baltimore City. 

Sec. 35. Three of the Judges of said Supreme Bench 
of Baltimore City, shall constitute a quorum of said Court. 

Sec. 36. All causes depending, at the adoption of this 
Constitution, in the Superior Court of Baltimore City, the 
Court of Common Pleas, the Criminal Court of Baltimore, 
and the Circuit Court of Baltimore City, shall be proceeded 
in, and prosecuted to final judgment, or decree, in the 
Courts, respectively, of the same name established by this 
Constitution, except cases belonging to that class, jurisdic- 
tion over which is by this Constitution transferred to the 
Baltimore City Court, all of which shall, together with all 
cases now pending in the City Court of Baltimore, be pro- 
ceeded in, and prosecuted to final judgment in said Balti- 
more City Court. 

Sec. 37. There shall be a Clerk of each of the said 
Courts of Baltimore City, except the Supreme Bench, who 
shall be elected by the legal and qualified voters of said 
City, at the election to be held in said city on the Tuesday 
next after the First Monday of November, in the year 
eighteen hundred and sixty-seven, and shall hold his office 
for six years from the time of his election, and until his 
successor is elected and qualified, and be re-eligible there- 
to, subject to be removed for wilful neglect of duty, or 
other misdemeanor in office, on conviction in a Court of 
Law. The salary of each of the said Clerks shall be 



334 Appendix. 

thirty-five hundred dollars a year, payable only out of 
the fees and receipts collected by the Clerks of said City, 
and they shall be entitled to no other perquisites, or com- 
pensation. In case of a vacancy in the office of Clerk of 
any of said Courts, the Judges of said Supreme Bench of 
Baltimore City shall have power to fill such vacancy until 
the general election of Delegates to tiie General Assembly, 
to be held next thereafter, when a Clerk of said Court 
shall be elected to serve for six years thereafter ; and the 
provisions of this Article in relation to the appointment 
of Deputies by the Clerks of the Circuit Courts in the 
Counties shall apply to the Clerks of the Courts in Balti- 
more City. 

Sec. 38. The Clerk of the Court of Common Pleas shall 
have authority to issue within said City, all marriage and 
other licenses required by Law, subject to such provisions 
as are now, or may be prescribed by Law. The Clerk of 
the Superior Court of said City shall receive and record 
all Deeds, Conveyances, and other papers, which are, or 
may be required by Law, to be recorded in said City. He 
shall also have custody of all papers connected with the 
proceedings on the Law, or Equity side of Baltimore 
County Court, and of the Dockets thereof, so far as the 
same have relation to the City of Baltimore, and shall also 
discharge the duties of Clerk to the Supreme Bench of 
Baltimore City, unless otherwise provided by Law. 

Sec 39. The General Assembly shall, whenever it may 
think the same proper and expedient, provide, by Law, 
another Court for the City of Baltimore, and prescribe its 
jurisdiction and powers; in which case there shall be 
elected by the voters of said City, qualified under this 
Constitution, another Judge of the Supreme Bench of 
Baltimore City, who shall be subject to the same consti- 
tutional provisions, hold his office for the same term of 
years, receive the same compensation, and have the same 
powers, as are herein provided for the Judges of said 



Constitution of Maryland. 335 

Supreme Bench of Baltimore City; and all of the pro- 
visions of this Constitution relating to the assignment 
of Judges to the Courts, now existing in said City, 
and for the dispatch of business therein, shall apply 
to the Court, for whose creation provision is made by 
this Section. And the General Assembly may reap- 
portion, change, or enlarge the jurisdiction of the sev- 
eral Courts in Baltimore City. Until otherwise pro- 
vided by Law, the Clerk of the Superior Court of 
Baltimore City, of the Court of Common Pleas, of the 
Circuit Court of Baltimore City, of the Baltimore City 
Court, and of the Criminal Court of Baltimore, shall each 
give Bond in such penalty as is now prescribed, by Law, 
to be given by the Clerks of the Courts, bearing the same 
names, under the present Constitution. 

Part V. — Orpins' Courts. 

Sec. 40. The qualified voters of the City of Baltimore, 
and of the several Counties, shall on the Tuesday next 
after the first Monday in November next, and on the same 
day in every fourth year thereafter, elect three men to be 
Judges of the Orphans' Courts of said City and Counties, 
respectively, who shall be citizens of the State, and resi- 
dents for the twelve months preceding, in the City, or 
County, for which they may be elected. They shall have 
all the poAvers now vested in the Orphans' Courts of the 
State, subject to such changes as the Legislature may pre- 
scribe. Each of said Judges shall be paid a per diem for 
the time they are actually in session, to be regulated by 
Law, and to be paid by the said City, or Counties respec- 
tively. In case of a vacancy in the office of Judge of the 
Orphans' Court, the Governor shall appoint, subject to 
confirmation, or rejection by the Senate, some suitable 
person to fill the same for the residue of the term. 

Sec. 41. There shall be a Register of Wills in each 
county of the State, and the city of Baltimore, to be 



336 Appendix. 

elected by the legal and qualified voters of said counties 
and city, respectively, who shall hold his office for six 
years from the time of his election, and until his successor 
is elected and qualified ; he shall be re-eligible, and sub- 
ject at all times to removal for wilful neglect of duty, or 
misdemeanor in office in the same manner that the Clerks 
of the Courts are removable. In the event of any vacancy 
in the office of Register of Wills, said vacancy shall be 
filled by the Judges of the Orphans' Court, in which such 
vacancy occurs, until the next general election for Dele- 
gates to the General Assembly, when a Register shall be 
elected to serve for six years thereafter. 

Part VI. — Justices of the Peace. 

Sec. 42. The Governor, by and with the advice and 
consent of the Senate, shall appoint such number of Jus- 
tices of the Peace, and the County Commissioners of the 
several counties, and the Mayor and City Council of Balti- 
more, respectively, shall appoint such number of Con- 
stables, for the several Election Districts of the Counties, 
and Wards of the City of Baltimore, as are now, or may 
hereafter be prescribed by Law ; and Justices of the Peace 
and Constables, so appointed, shall be subject to removal 
by the Judge, or Judges, having criminal jurisdiction in 
the county, or city, for incompetency, wilful neglect of 
duty, or misdemeanor in office, on conviction in a Court 
of Law. The Justices of the Peace and Constables, so 
appointed, and commissioned, shall be Conservators of 
the Peace, shall hold their office for two years, and shall 
have such jurisdiction, duties and compensation, subject 
to such right of appeal, in all cases, from the judgment of 
Justices of the Peace, as hath been heretofore exercised, 
or shall be hereafter prescribed by Law. 

Sec. 43. In the event of a vacancy in the office of a 
Justice of the Peace, the Governor shall appoint a person 
to serve, as Justice of the Peace, for the residue of the 



Constitution of Maryland. 337 

term ; and in case of a vacancy in the office of Constable, 
the County Commissioners of the county in which the 
vacancy occurs, or the Mayor and City Council of Balti- 
more, as the case may be, shall appoint a person to serve 
as Constable for the residue of the term. 

Part VII. — Sheriffs. 

Sec. 44. There shall be elected in each county, and in 
the City of Baltimore, in every second year, one person, 
resident in said county or city, above the age of twenty- 
five years, and at least five years preceding his election, a 
citizen of this State, to the office of Sheriff. He shall hold 
his office for two years, and until his successor is duly 
elected and qualified ; shall be ineligible for two years 
thereafter, shall give such bond, exercise such powers, and 
perform such duties as now are, or may hereafter be fixed 
by Law. In case of a vacancy by death, resignation, re- 
fusal to serve, or neglect to qualify, or give bond, or by 
disqualification, or removal from the county, or city, the 
Governor shall appoint a person to be Sheriff for the re- 
mainder of the official term. 

Sec. 45. Coroners, Elisors, and Notaries Public may be 
appointed for each county, and the city of Baltimore, in 
the manner, for the purpose, and with the powers now 
fixed, or which may hereafter be prescribed by Law. 



ARTICLE V. 

Attorney General and State's Attor- 
neys. 

Attorney General. 

Section 1. There shall be an Attorney General elected 
by the qualified voters of the State, on general ticket, on 
the Tuesday next after the first Monday in the month of 
29 



338 Appendix. 

November, eighteen hundred and sixty-seven, and on the 
same day, in every fourth year thereafter, who shall hold 
his office for four years from the time of his election and 
qualification, and until his successor is elected and quali- 
fied, and shall he re-eligible thereto, and shall be subject 
to removal for incompetency, wilful neglect of duty, or 
misdemeanor in office, on conviction in a Court of Law. 

Sec. 2. All elections for Attorney General shall be cer- 
tified to, and returns made thereof by the Clerks of the 
Circuit Courts of the several counties, and the Clerk of 
the Superior Court of Baltimore City, to the Governor of 
the State, whose duty it shall be to decide on the election 
and qualification of the person returned ; and in case of a 
tie between two or more persons, to designate which of 
said persons shall qualify as Attorney General, and to ad- 
minister the oath of office to the person elected. 

Sec. 3. It shall be the duty of the Attorney General to 
prosecute and defend on the part of the State, all cases, 
which at the time of his appointment and qualification, 
and which thereafter may be depending in the Court of 
Appeals, or in the Supreme Court of the United States, by 
or against the State, or wherein the State may be interested ; 
and he shall give his opinion in writing whenever re- 
quired by the General Assembly, or either Branch thereof, 
the Governor, the Comptroller, the Treasurer, or any 
State's Attorney, on any legal matter, or subject depend- 
ing before them, or either of them ; and when required by 
the Governor, or the General Assembly, he shall aid any 
State's Attorney in prosecuting any suit or action brought 
by the State in any Court of this State ; and he shall com- 
mence and prosecute, or defend, any suit or action in any 
of said Courts, on the part of the State, which the Gen- 
eral Assembly, or the Governor, acting according to Law, 
shall direct to be commenced, prosecuted or defended; 
and he shall receive for his services an annual salary of 
Three Thousand dollars ; but he shall not be entitled to 



Constitution of Maryland. 339 

receive any fees, perquisites, or rewards, whatever, in ad- 
dition to the salary aforesaid, for the performance of any 
official duty ; nor have power to appoint any agent, rep- 
resentative, or deputy, under any circumstances, what- 
ever; nor shall the Governor employ any additional coun- 
sel in any case, whatever, unless authorized by the Gen- 
eral Assembly. 

Sec. 4. No person shall be eligible to the office of At- 
torney General, who is not a citizen of this State, and a 
qualified voter therein, and has not resided and practised 
Law in this State for at least ten years. 

Sec. 5. In case of vacancy in the office of Attorney 
General, occasioned by death, resignation, removal from 
the State, or from office, or other disqualification, the said 
vacancy shall be filled by the Governor, for the residue of 
the term thus made vacant. 

Sec. 6. It shall be the duty of the Clerk of the Court 
of Appeals and of the Commissioner of the Land Office, 
respectively, whenever a case shall be brought into said 
Court, or office, in which the State is a party, or has in- 
terest, immediately to notify the Attorney General thereof. 

The State's Attorneys. 

Sec. 7. There shall be an Attorney for the State in each 
county, and the city of Baltimore, to be styled "The 
State's Attorney," who shall be elected by the voters there- 
of, respectively, on the Tuesday next after the first Mon- 
day in November in the year eighteen hundred and sixty- 
seven, and on the same day every fourth year thereafter ; 
and shall hold his office for four years from the first 
Monday in January next ensuing his election, and until 
his successor shall be elected and qualified; and shall be 
re-eligible thereto, and be subject to removal therefrom, 
for incompetency, wilful neglect of duty, or misdemeanor 
in office, on conviction in a Court of Law, or by a vote of 
two-thirds of the Senate, on the recommendation of the 
Attorney General. 



340 Appendix. 

Sec. 8. All elections for the State's Attorney shall be 
certified to, and Returns made thereof, by the Clerks of 
the said counties and city, to the Judges thereof, having 
criminal jurisdiction, respectively, whose duty it shall be 
to decide upon the elections and qualifications of the 
Persons returned ; and, in case of a tie between two or 
more Persons, to designate which of said Persons shall 
qualify as State's Attorney, and to administer the oatha 
of office to the Person elected. 

Sec. 9. The State's Attorney shall perform such duties 
and receive such fees and commissions as are now, or may 
hereafter be, prescribed by law, and if any State's Attor- 
ney shall receive any other fee or reward, than such as is, 
or may be allowed by Law, he shall, on conviction there- 
of, be removed from office ; provided, that the State's At- 
torney for Baltimore City shall have power to appoint one 
Deputy, at a salary of not more than Fifteen Hundred 
dollars per annum, to be paid by the State's Attorney out 
of the fees of his office, as has heretofore been practiced. 

Sec. 10. No person shall be eligible to the office of 
State's Attorney, who has not been admitted to practice 
Law in this State, and who has not resided, for at least 
two years, in the county, or city, in which he may be 
elected. 

Sec. 11. In case of vacancy in the office of State's At- 
torney, or, of his removal from the county, or city, in 
which he shall have been elected, or, on his conviction, as 
herein specified, the said vacancy shall be filled by the 
Judge of the county, or city, respectively, having criminal 
jurisdiction, in which said vacancy shall occur, for the 
residue of the term thus made vacant. 

Sec. 12. The State's Attorney, in each county, and the 
city of Baltimore, shall have authority to collect, and give 
receipt, in the name of the State, for such sums of money 
as may be collected by him, and forthwith make return of, 
and pay over the same, to the proper accounting officer. 
And the State's Attorney of each county, and the city of 



Constitution of Maryland. 341 

Baltimore, before he shall enter on the discharge of his 
duties, shall execute a Bond to the State of Maryland) for 
the faithful performance of his duties, in the penalty of 
ten thousand dollars, with two or more sureties, to be ap- 
proved by the Judge of the Court, having criminal juris- 
diction, in said counties or city. 



AKTICLE VI. 

Treasury Department. 

Section 1. There shall be a Treasury Department, con- 
sisting of a Comptroller, chosen by the qualified electors 
of the State, at each regular election of members of the 
House of Delegates, who shall receive an annual salary 
of Two Thousand Five Hundred dollars ; and a Treasurer 
to be appointed by the two Houses of the Legislature, at 
each regular session thereof, on joint ballot, who shall re- 
ceive an annual salary of Two Thousand Five Hundred 
dollars; and the terms of office of the said Comptroller 
and Treasurer shall be for two years, and until their suc- 
cessors shall qualify ; and neither of the said officers shall 
be allowed, or receive any fees,*commissions or perquisites 
of any kind, in addition to his salary, for the performance 
of any duty or services whatsoever. In case of a vacancy 
in either of the offices, by death, or otherwise, the Gov- 
ernor, by and with the advice and consent of the Senate, 
shall fill such vacancy, by appointment to continue until 
another election, or a choice by the Legislature, as the 
case may be, and until the qualification of the successor. 
The Comptroller and the Treasurer shall keep their offices 
at the seat of Government, and shall take such oath, and 
enter into such bonds for the faithful discharge of their 
duties as are now, or may hereafter be, prescribed by 
Law. 

29* 



342 Appendix. 

Sec. 2. The Comptroller shall have the general super- 
intendence of the fiscal affairs of the State ; he shall digest 
and prepare plans for the improvement and management 
of the Revenue, and for the support of the Public Credit ; 
prepare and report estimates of the Revenue and Expen- 
ditures of the State ; superintend and enforce the prompt 
collection of all Taxes and Revenue ; adjust and settle, on 
terms, prescribed by Law, with delinquent Collectors and 
Receivers of taxes and State revenue ; preserve all Public 
Accounts ; decide on the forms of keeping and stating Ac- 
counts ; grant, under regulations, prescribed by Law, all 
warrants for money to be paid out of the Treasury, in pur- 
suance of appropriations by Law; and countersign all 
checks drawn by the Treasurer upon any Bank or Banks, 
in which the moneys of the State may, from time to time, 
be deposited ; prescribe the formalities of the transfer of 
stock, or other evidence of the State Debt, and counter- 
sign the same, without which, such Evidence shall not be 
valid ; he shall make to the General Assembly full Re- 
ports of all his proceedings, and of the state of the Treas- 
ury Department, within ten days after the commencement 
of each Session ; and perform such other duties as shall 
be prescribed by Law. 

Sec. 3. The Treasurer shall receive the moneys of the 
State, and, until otherwise prescribed by Law, deposit 
them, as soon as received, to the credit of the State, 
in such Bank, or Banks, as he may, from time to 
time, with the approval of the Governor, select, (the 
said Bank or Banks giving security, satisfactory to the 
Governor, for the safe keeping and forthcoming, when re- 
quired, of said Deposits,) and shall disburse the same for 
the purposes of the State, according to Law, upon warrants 
drawn by the Comptroller, and on checks, countersigned 
by him, and not otherwise ; he shall take receipts for all 
moneys paid by him; and receipts for moneys received 
by him shall be endorsed upon warrants, signed by the 
Comptroller; without which warrants, so signed, no 



Constitution of Maryland. 343 

acknowledgment of money received into the Treasury shall 
be valid; and upon warrants, issued by the Comptroller, 
he shall make arrangements for the payment of the in- 
terest of the Public Debt, and for the purchase thereof 
on account of the Sinking Fund. Every Bond, Certifi- 
cate, or other Evidence of the debt of the State, shall be 
signed by the Treasurer, and countersigned by the Comp- 
troller; and no new Certificate, or other Evidence in- 
tended to replace another, shall be issued until the old one 
shall be delivered to the Treasurer, and authority executed 
in due form for the transfer of the same filed in his office, 
and the transfer accordingly made on the books thereof, 
ahd the certificate or other evidence cancelled; but the 
Legislature may make provisions for the loss of certificates, 
or other evidences of the debt ; and may prescribe by Law, 
the manner in which the Treasurer shall receive and keep 
the moneys of the State. 

Sec. 4. The Treasurer shall render his Accounts, quar- 
terly, to the Comptroller; and shall publish, monthly, fcu 
such newspapers as the Governor may direct, an .abstract 
thereof, showing the amount of cash on hand, and the 
place, or places of deposit thereof; and on the third day 
of each regular session of the Legislature, he shall submit 
to the Senate and House of Delegates fair and accurate 
copies of all Accounts by him, from time to time, rendered 
and settled with the Comptroller. He shall, at all times, 
submit to the Comptroller the inspection of the money in 
his hands, and perform all other duties that shall be pre- 
scribed by Law. 

Sec. 5. The Comptroller shall qualify, and enter on the 
duties of his office, on the third Monday of January next 
succeeding the time of his election, or as soon thereafter 
as practicable. And the Treasurer shall qualify within 
one month after his appointment by the Legislature. 

Sec. 6. "Whenever during the recess of the Legislature 
charges shall be preferred to the Governor against the 



344 Appendix. 

Comptroller or Treasurer, for incompetency, malfeasance 
in office, wilful neglect of duty, or misappropriation of 
the funds of the State, it shall be the duty of the Govern- 
or forthwith to notify the party so charged, and fix a day 
for a hearing of said charges ; and if, from the evidence 
taken, under oath, on said hearing before the Governor, 
the said allegations shall be sustained, it shall be the duty 
of the Governor to remove said offending officer, and ap- 
point another in his place, who shall hold the office for 
the unexpired term of the officer so removed. 



AETICLE VII. 
Sundry Officers. 

Section 1. County Commissioners shall be elected on 
general ticket of each County, by the qualified voters of 
the several Counties of this State, on the Tuesday next 
after the first Monday in the month of November, 
eighteen hundred and sixty-seven, and on the same day 
in every second year thereafter. Their number in each 
County, their compensation, powers and duties, shall be 
such as are now, or may be hereafter prescribed by Law. 

Sec. 2. The qualified voters of each County, and of 
the City of Baltimore, shall, on the Tuesday next after the 
first Monday in the month of November, in the year 
eighteen hundred and sixty-seven, and on the same day 
in every second year thereafter, elect a Surveyor for each 
County and the City of Baltimore, respectively, whose 
term of office shall commence on the first Monday of 
January next ensuing their election; and whose duties 
and compensation shall be the same as are now, or may 
hereafter be prescribed by Law. And any vacancy in the 
office of Surveyor, shall be filled by the Commissioners 
of the Counties, or by the Mayor and City Council of Bal- 
, timore, respectively, for the residue of the term. 



Constitution of Maryland. 345 

Sec. 3. The State Librarian shall be appointed by the 
Governor, by and with the advice and consent of the 
Senate, and shall hold his office during the term of the 
Governor, by whom he shall have been appointed, and 
until his successor shall be appointed and qualified. His 
salary shall be Fifteen Hundred dollars a year ; and he 
shall perform such duties as are now, or may hereafter be 
prescribed by Law ; and no appropriation shall be made 
by Law, to pay for any Clerk, or assistant to the Librarian : 
And it shall be the duty of the Legislature, at its first 
Session after the adoption of this Constitution, to pass a 
Law regulating the mode and manner in which the Books 
in the Library shall be kept and accounted for by the Li- 
brarian, and requiring the Librarian to give a Bond, in 
such penalty as the Legislature may prescribe, for the 
proper discharge of his duties. 

Sec. 4. There shall be a Commissioner of the Land 
Office, who shall be appointed by the Governor, by and 
with the advice and consent of the Senate, who shall hold 
his office during the term of the Governor, by whom he 
shall have been appointed, and until his successor shall 
be appointed and qualified. He shall perform such 
duties as are now required of the Commissioner of 
the Land Office, or such as may hereafter be pre- 
scribed by Law, and shall also be the Keeper of the 
Chancery Records. He shall receive a salary of One 
Thousand Five Hundred dollars per annum, to be paid out 
of the Treasury, and shall charge such fees as are now, or 
may be hereafter fixed by Law. He shall make a semi- 
annual report of all the fees of his office, both as Commis- 
sioner of the Land Office, and as Keeper of the Chancery 
Records, to the Comptroller of the Treasury, and shall pay 
the same semi-annually into the Treasury. 

Sec. 5. The Commissioner of the Land Office shall also, 
without additional compensation, collect, arrange, classify, 
have charge of, and safely keep all Papers, Records, 



346 Appendix. 

Relics, and other Memorials connected with the Early 
History of Maryland, not belonging to any other office. 

Sec. 6. The qualified voters of Worcester County shall, 
on the Tuesday next after the first Monday in the month 
of November in the year Eighteen Hundred and Sixty- 
seven, and every two years thereafter, elect a Wreck 
Master for said County, whose duties and compensation 
shall be the same as are now, or may be hereafter, pre- 
scribed by Law ; the term of office of said Wreck Master 
shall commence on the first Monday of January, next 
succeeding his election, and a vacancy in said office shall 
be filled by the County Commissioners of said County for 
the residue of the term. 



AETICLE VIII. 
Education. 

Section 1. The General Assembly, at its First Session 
after the^ adoption of this Constitution, shall by Law es- 
tablish throughout the State a thorough and efficient sys- 
tem of Free Public Schools ; and shall provide by taxa- 
tion, or otherwise, for their maintenance. 

Sec. 2. The System of Public Schools, as now consti- 
tuted, shall remain in force until the end of the said First 
Session of the General Assembly, and shall then expire ; 
except so far as adopted, or continued, by the General 
Assembly. 

Sec. 3. The School Fund of the State shall be kept in- 
violate, and appropriated only to the purposes of Educa- 
tion. 

ARTICLE IX. 

Militia and Military Affairs. 

Section 1. The General Assembly shall make, from 
time to time, such provision for organizing, equipping and 



Constitution of Maryland. 347 

disciplining the Militia, as the exigency may require, and 
pass such Laws to promote Volunteer Militia Organiza- 
tions as may afford them effectual encouragement. 

Sec. 2. There shall be an Adjutant General, appointed 
by the Governor, by and with the advice and consent of 
the Senate. He shall hold his office until the appoint- 
ment and qualification of his successor, or until removed 
in pursuance of the sentence of a Court Martial. He 
shall perform such duties, and receive such compensation, 
or emoluments, as are now, or may be prescribed by Law. 
He shall discharge the duties of his office at the seat of 
Government, unless absent, under orders, on duty ; and 
no other officer of the General Staff of the Militia shall 
receive salary or pay, except when on. service, and mus- 
tered in with troops. 

Sec. 3. The existing Militia Law of the State shall ex- 
pire at the end of the next Session of the General Assem- 
bly, except so far as it may be re-enacted, subject to the 
provisions of this Article. 



AKTICLE X. 
Labor and Agriculture. 

Section 1. There shall be a Superintendent of Labor 
and Agriculture, elected by the qualified voters of this 
State at the first general election for Delegates to the 
General Assembly after the adoption of this Constitution, 
who shall hold his office for the term of four years, and 
until the election and qualification of his successor. 

Sec. 2. His qualifications shall be the same as those 
prescribed for the Comptroller; he shall qualify and enter 
upon the duties of his office on the second Monday of 
January next, succeeding the time of his election ; and a 
vacancy in the office shall be filled by the Governor for 
the residue of the term. 



348 Appendix. 

Sec. 3. He shall perform such of the duties now de- 
volved by Law upon the Commissioner of Immigration, 
and the Immigration Agent, as will promote the object, 
for which those officers were appointed, and such other 
duties as may be assigned to him by the General Assem- 
bly, and shall receive a salary of Twenty-five Hundred 
dollars a year ; and after his election and qualification, 
the offices before mentioned shall cease. 

Sec. 4. He shall supervise all the State Inspectors of 
agricultural products and fertilizers ; and from time to 
time, shall carefully examine and audit their accounts, 
and prescribe regulations, not inconsistent with Law, tend- 
ing to secure economy and efficiency in the business of 
their offices. He shall have the supervision of the To- 
bacco Warehouses, and all other buildings used for inspec- 
tion and storage purposes by the State ; and may, at the 
discretion of the Legislature, have the supervision of all 
public buildings, now belonging to, or which may here- 
after be erected by the State. He shall frequently inspect 
such buildings as are committed to his charge, and ex- 
amine all accounts for labor and materials required for 
their construction, or repairs. 

Sec. 5. He shall inquire into the undeveloped resources 
of wealth of the State of Maryland more especially con- 
cerning those within the limits of the Chesapeake Bay 
and its tributaries, which belong to the State, and suggest 
such plans as may be calculated to render them avail- 
able as sources of revenue. 

Sec. 6. He shall make detailed reports to every Gen- 
eral Assembly within the first week of its session, in refer- 
ence to each of the subjects committed to his charge, and 
he shall also report to the Governor, in the recess of the 
Legislature, all abuses, or irregularities, which he may 
find to exist in any Department of public affairs, with 
which his office is connected. 

Sec. 7. The office hereby established shall continue for 



Constitution of Maryland. 349 

four years from the date of the qualification of the first 
incumbent thereof; and shall then expire, unless con- 
tinued by the General Assembly. 



AETICLE XL 
City of Baltimore. 

Section 1. The Inhabitants of the City of Baltimore, 
qualified by Law to vote in said city for members of the 
House of Delegates, shall on the fourth Wednesday of 
October, eighteen hundred and sixty-seven, and on the 
same day in every fourth year thereafter, elect a person 
to be Mayor of the City of Baltimore, who shall have 
such qualifications, receive such compensation, discharge 
such duties, and have such powers as are now, or may 
hereafter be prescribed by Law ; and the term of whose 
office shall commence on the first Monday of November 
succeeding his election, and shall continue for four years, 
and until his successor shall have qualified ; and he shall 
be ineligible for the term next succeeding that for which 
he was elected. 

Sec. 2. The City Council of Baltimore shall consist of 
Two Branches, one of which shall be called the First 
Branch, and the other the Second Branch ; and each shall 
consist of such number of members, having such qualifi- 
cation, receiving such compensation, performing such 
duties, possessing such powers, holding such terms of office, 
and elected in such manner, as are now, or may hereafter 
be prescribed by Law. 

Sec. 3. An election for members of the First and Second 
Branch of the City Council of Baltimore shall be held 
in the City of Baltimore on the fourth Wednesday of 
October, eighteen hundred and sixty -seven; and for 
members of the First Branch on the same day in every 
year thereafter ; and for members of the Second Branch 
30 






350 APPENDIX. 

on the same day in every second year thereafter ; and the 
qualification for electors of the members of the City 
Council shall be the same as those prescribed for the elec- 
tors of Mayor. 

Sec. 4. The regular sessions of the City Council of Bal- 
timore, (which shall be annual,) shall commence on the 
third Monday of January of each year, and shall not con- 
tinue more than ninety days, exclusive of Sundays ; but 
the Mayor may convene the City Council in extra session 
whenever, and as often as it may appear to him that the 
public good may require ; but no called, or extra session 
shall last longer than twenty days, exclusive of Sundays. 

Sec. 5. No person, elected and qualified as Mayor, or 
as a member of the City Council, shall, during the term 
for which he was elected, hold any other office of profit 
or trust, created, or to be created, by the Mayor and 
City Council of Baltimore, or by any Law relating to the 
Corporation of Baltimore, or hold any employment, or 
position, the compensation of which shall be paid, di- 
rectly or indirectly, out of the City Treasury ; nor shall 
any such person be interested, directly or indirectly, in 
any contract, to which the City is a party ; nor shall it be 
lawful for any person, holding any office, under the City, 
to be interested, while holding such office, in any contract, 
to which the City is a party. 

Sec. 6. The Mayor shall, on conviction in a Court of 
Law, of wilful neglect of duty, or misbehavior in office, 
be removed from office by the Governor of the State, and a 
successor shall thereafter be elected, as in a case of vacancy. 

Sec. 7. From and after the adoption of this Constitu- 
tion, no debt (except as hereinafter excepted,) shall be cre- 
ated by the Mayor and City Council of Baltimore ; nor 
shall the credit of the Mayor and City Council of Balti- 
more be given, or loaned to, or in aid of any individual, 
association, or corporation ; nor shall the Mayor and City 
Council of Baltimore have the power to involve the City 



Constitution of Maryland. 351 

of Baltimore in the construction of Works of Internal 
Improvement, nor in granting any aid thereto, which 
shall involve the faith and credit of the City, nor make 
any appropriations therefor, unless such debt, or credit be 
authorized by an Act of the General Assembly of Mary- 
land, and by an Ordinance of the Mayor and City Coun- 
cil of Baltimore, submitted to the legal voters of the City 
of Baltimore at such time and place as may be fixed by 
said Ordinance, and approved by a majority of the votes 
cast at such time and place; but the Mayor and City 
' Council may, temporarily, borrow any amount of money 
to meet any deficiency in the City Treasury, or to provide 
for any emergency arising from the necessity of maintain- 
ing the Police, or preserving the safety and sanitary con- 
dition of the City, and may make due and proper arrange- 
ments and agreements for the removal and extension, in 
whole or in part, of any and all debts and obligations, created 
according to Law before the adoption of this Constitution. 

Sec. 8. All Laws and Ordinances, now in force, appli- 
cable to the City of Baltimore, not inconsistent with this 
Article, shall be, and they are hereby continued until 
changed in due course of Law. 

Sec. 9. The General Assembly may make such changes 
in this Article, except in Section seventh thereof, as it 
may deem best ; and this Article shall not be so construed, 
or taken as to make the political Corporation of Baltimore 
independent, of, or free from the control, which the Gen- 
eral Assembly of Maryland has over all such corporations 
in this State. 

ARTICLE XII. 

Public Works. 

Section 1. The Governor, the Comptroller of the Treas- 
ury, and the Treasurer, shall constitute the Board of Pub- 
lic Works in this State. They shall keep a journal of 



352 Appendix. 

their proceedings, and shall hold regular sessions in the 
City of Annapolis, on the first Wednesday in January, 
April, July, and October, in each year, and oftener, if 
necessary ; at which sessions they shall hear and deter- 
mine such matters as affect the Public Works of the 
State, and as the General Assembly may confer upon 
them the power to decide. 

Sec. 2. They shall exercise a diligent and faithful su- 
pervision of all Public Works in which the State may be 
interested as Stockholder or Creditor, and shall represent, 
and vote the stock of the State of Maryland, in all meet- 
ings of the stockholders of the Chesapeake and Ohio 
Canal ; and shall appoint the Directors in every Railroad 
and Canal Company, in which the State has the legal 
power to appoint Directors, which said Directors shall 
represent the State in all meetings of the Stockholders of 
the respective Companies, for which they are appointed 
or elected. And the President and Directors of the said 
Chesapeake and Ohio Canal Company shall so regulate 
the tolls of said Company, from time to time, as to pro- 
duce the largest amount of revenue, and to avoid the in- 
jurious effects to said Company of rival competition by 
other Internal Improvement Companies. They shall re- 
quire the Directors of all said Public Works to guard 
the public interest, and prevent the establishment of tolls 
which shall discriminate against the interest of the citi- 
zens or products of this State, and from time to time, and 
as often as there shall be any change in the rates of toll 
on any of the said Works, to furnish the said Board of 
Public Works a schedule of such modified rates of toll, 
and so adjust them as to promote the agricultural interests 
of the State ; they shall report to the General Assembly 
at each regular session, and recommend such legislation 
as they may deem necessary and requisite to promote or 
protect the interests of the State in" the said Public Works ; 
they shall perform such other duties as may be hereafter 
prescribed by Law ; and a majority of them shall be com- 



Constitution of Maryland. 353 

petent to act. The Governor, Comptroller and Treasurer 
shall receive no additional salary for services rendered by 
them as members of the Board of Public Works. The 
provisions of the Act of the General Assembly of Mary- 
land of the year 1867, chapter 359, are hereby declared 
null and void. 

Sec. 3. The Board of Public Works is hereby author- 
ized to exchange the State's interest as Stockholder and 
Creditor in the Baltimore and Ohio Rail-road Company 
for an equal amount of the bonds or registered debt now 
owing by the State, to the extent only of all the preferred 
stock of the State on which the State is entitled to 
only six per cent, interest, provided such exchange shall 
not be made at less than par, nor less than the market 
value of said stock, and the said Board is authorized sub- 
ject to such regulations and conditions as the General 
Assembly may from time to time prescribe, to sell the 
State's interest in the other Works of Internal Improve- 
ment, whether as a Stockholder or a Creditor, and also 
the State's interest in any banking corporation, receiving 
in payment the bonds and registered debt now owing by 
the State, equal in amount to the price obtained for the 
State's said interest ; provided, that the interest of the 
State in the Washington Branch of the Baltimore and 
Ohio Rail Road be reserved and excepted from sale ; and 
provided further, that no sale or contract of sale of the 
State's interest in the Chesapeake and Ohio Canal, the 
Chesapeake and Delaware Canal,.and the Susquehanna and 
Tide-water Canal Companies shall go into effect until the 
same shall be ratified by the ensuing General Assembly. 



ARTICLE XIII. 

New Counties. 

Section 1. The General Assembly may provide, by 
Law, for organizing new Counties, locating and removing 
30* 



354 Appendix. 

county seats, and changing county lines ; but no new- 
county shall be organized without the consent of the ma- 
jority of the legal voters residing within the limits pro- 
posed to be formed into said new county ; and whenever a 
new county shall be proposed to be formed out of portions 
of two or more Counties, the consent of a majority of the 
legal voters of such part of each of said counties, respec- 
tively, shall be required ; nor shall the lines of any county 
be changed without the consent of a majority of the legal 
voters, residing within the district, which, under said pro- 
posed change, would form a part of a county different 
from that to which it belonged prior to said change ; and 
no new county shall contain less than four hundred square 
miles, nor less than ten thousand white Inhabitants ; nor 
shall any change be made in the limits of any county, 
whereby the population of said county would be reduced 
to less than ten thousand white Inhabitants, or its terri- 
tory reduced to less than four hundred square miles. 

Sec. 2. At the election to be held for the adoption, or 
rejection of this Constitution, in each election district, in 
those parts of Worcester and Somerset Counties, comprised 
within the following limits, viz. : Beginning at the point, 
where Mason and Dixon's line crosses the channel of 
Pocomoke River, thence following said line to the chan- 
nel of the Nanticoke River, thence with the channel of 
said River to Tangier Sound, or the intersection of Nanti- 
coke and Wicomico Rivers, thence up the channel of the 
Wicomico River to the mouth of Wicomico Creek, thence 
with the Channel of said creek and Passerdyke Creek to 
Dashield's, or Disharoon's Mills, thence with the mill- 
pond of said mills and Branch following the middle 
prong of said Branch, to Meadow Bridge, on the road, 
dividing the Counties of Somerset and Worcester, near 
the southwest corner of the farm of William P. Morris, 
thence due east to the Pocomoke River, thence with the 
channel of said river to the beginning, the Judges of elec- 
tion, in each of said Districts, shall receive the ballots of 



Constitution of Maryland. 355 

each elector, voting at said election, who has resided for 
six months, preceding said election within said limits, for 
or against a new County ; and the Return Judges of said 
Election Districts shall certify the result of such voting, 
in the manner, now prescribed by Law, to the Governor, 
who shall by Proclamation make known the same ; and 
if a majority of the legal votes, cast within that part of 
Worcester County, contained within said lines, and also a 
majority of the legal votes cast within that part of Somer- 
set County, contained within said lines, shall be in favor 
of a new County, then said parts of Worcester and Somer- 
set Counties shall become and constitute a new County, to 
be called Wicomico County ; and Salisbury shall be the 
County Seat. And the Inhabitants thereof shall thence- 
forth have and enjoy all such rights and privileges as are 
held and enjoyed by the Inhabitants of the other Counties 
of this State. 

Sec. 3. When said new County shall have been so 
created, the Inhabitants thereof shall cease to have any 
claim to, or interest in the county buildings, and other 
public property of every description, belonging to said 
Counties of Somerset and Worcester, respectively, and 
shall be liable for their proportionate shares of the then 
existing debts and obligations of the said Counties, accord- 
ing to the last assessment in said Counties, to be ascer- 
tained and apportioned by the Circuit Court of Somerset 
County, as to the debts and obligations of said County, and 
by the Circuit Court 6f Worcester County, as to the debts 
and obligations of Worcester County, on the petition of* 
the County Commissioners of the said Counties, respec- 
tively ; and the property in each part of the said Counties. 
included in said new County, shall be bound only for the 
share of the debts and obligations of the county from J 
which it shall be separated ; and the Inhabitants of said 
new County shall also pay the County taxes, levied upon 
them .at the time of the creation of such new County, as 
if such new County had not been created ; and on the ap- 



356 Appendix. 

plication of twelve citizens of the proposed county of Wi- 
comico, the Surveyor of Worcester County shall run and 
locate the line from Meadow Bridge to the Pocomoke 
River, previous to the adoption, or rejection of this Con- 
stitution, and at the expense of said petitioners. 

Sec. 4. At the first general election, held under this 
Constitution, the qualified voters of said new County shall 
be entitled to elect a Senator, and two Delegates to the 
General Assembly, and all such County, or other officers 
as this Constitution may authorize, or require to be elected 
by other Counties of the State ; a notice of such election 
shall be given by the Sheriffs of Worcester and Somerset 
Counties in the manner now prescribed by Law ; and in 
case said new County shall be established, as aforesaid, 
then the Counties of Somerset and Worcester shall be en- 
titled to elect but two Delegates each to the General As- 
sembly. 

Sec. 5. The County of Wicomico, if formed according 
to the provisions of this Constitution, shall be embraced 
in the First Judicial Circuit ; and the times for holding 
the Courts therein shall be fixed and determined by the 
General Assembly. 

Sec. 6. The General Assembly shall pass all such Laws 
as may be necessary more fully to carry into effect the 
provisions of this Article. 



ARTICLE XIV. 
Amendments to the Constitution. 

Section 1. The General Assembly may propose 
Amendments to this Constitution; provided, that each 
Amendment shall be embraced in a separate Bill, em- 
bodying the Article or Section, as the same will stand 
when amended and passed by three-fifths of all the mem- 
bers elected to each of the two Houses, by yeas and nays, 
to be entered on the Journals with the proposed Amend- 



Constitution of Maryland. 357 

ment. The Bill, or Bills, proposing amendment, or 
amendments, shall be published by order of the Govern- 
or, in at least two newspapers in each county, where so 
many may be published, and where not more than one 
may be published, then in that newspaper, and in three 
newspapers published in the City of Baltimore, one of 
which shall be in the German language, once a week, for 
at least three months preceding the next ensuing general 
election, at which the said proposed amendment, or amend- 
ments shall be submitted, in a form to be prescribed by 
the General Assembly, to the qualified voters of the State 
for adoption or rejection. The votes cast for and against 
said proposed amendment, or amendments, severally, shall 
be returned to the Governor, in the manner prescribed in 
other cases, and if it shall appear to the Governor that a 
majority of the votes cast at said election on said amend- 
ment, or amendments, severally, were cast in favor there- 
of, the Governor shall, by his Proclamation, declare the 
said amendment, or amendments, having received said 
majority of votes, to have been adopted by the people of 
Maryland as part of the Constitution thereof, and thence- 
forth said amendment, or amendments shall be part of 
the said Constitution. When two or more amendments 
shall be submitted, in manner aforesaid, to the voters of 
this State at the same election, they shall be so submitted 
as that each amendment shall be voted on separately. 

Sec. 2. It shall be the duty of the General Assembly to 
provide by Law for taking, at the general election to be 
held in the year eighteen hundred and eighty-seven, and 
every twenty years thereafter, the sense of the People in 
regard to calling a Convention for altering this Constitu* 
tion ; and if a majority of voters at such election or elec- 
tions shall vote for a Convention, the General Assembly, 
at its next session, shall provide by Law for the assem- 
bling of such Convention, and for the election of Delegates 
thereto. Each County, and Legislative District of the City 
of Baltimore, shall have in such Convention a number of 



358 Appendix. 

Delegates equal to its representation in both Houses at the 
time at which the Convention is called. But any Consti- 
tution, or change, or amendment of the existing Constitu- 
tion, which may be adopted by such Convention, shall be 
submitted to the voters of this State, and shall have no 
effect unless the same shall have been adopted by a ma- 
jority of the voters voting thereon. 



ARTICLE XV. 

MISCELLANEOUS. 



Section 1. Every person holding any office created by, 
or existing under the Constitution, or Laws of the State, 
(except Justices of the Peace, Constables and Coroners,) 
or holding any appointment under any Court of this State, 
whose pay, or compensation is derived from fees, or 
moneys coming into his hands for the discharge of his offi- 
cial duties, or, in any way, growing out of, or connected 
with his office, shall keep a book in which shall be en- 
tered every sum, or sums of money, received by him, or 
on his account, as a payment or compensation for his per- 
formance of official duties, a copy of which entries in said 
book, verified by the oath of the officer, by whom it is 
directed to be kept, shall be returned yearly to the Comp- 
troller of the State for his inspection, and that of the Gen- 
eral Assembly of the State, to which the Comptroller 
shall, at each regular session thereof, make a report show- 
ing what officers have complied with this Section ; and 
each of the said officers, when the amount received by 
him for the year shall exceed the sum which he is by Law 
entitled to retain, as his salary, or compensation for the 
discharge of his duties, and for the expenses of his office, 
shall yearly pay over to the Treasurer of the State the 
amount of such excess, subject to such disposition thereof 
as the General Assembly may direct ; if any of such offi- 
cers shall fail to comply with the requisitions of this Sec- 
tion for the period of thirty days after the expiration of 
each and every year of his office, such officer shall be 
deemed to have vacated his office, and the Governor shall 
declare the same vacant, and the vacancy therein shall be 
filled as in case of vacancy for any other cause, and such 
officer shall be subject to suit by the State for the amount 



Constitution of Maryland. 359 

that ought to be paid into the treasury ; and no person 
holding any office created by, or existing under this Con- 
stitution, or Laws of the State, or holding any. appoint- 
ment, under any Court in this State, shall receive more 
than three thousand dollars a year as a compensation for 
the discharge of his official duties, except in cases spe- 
cially provided in this Constitution. 

Sec. 2. The several Courts existing in this State at the 
time of the adoption of this Constitution, shall, until su- 
perseded under its provisions, continue with like powers 
and jurisdiction, and in the exercise thereof, both at Law 
and in Equity, in all respects, as if this Constitution had 
not been adopted ; and when said Courts shall be so super- 
seded, all causes, then depending in said Courts, shall pass 
into the jurisdiction of the several Courts, by which they 
may, [6e] respectively, superseded. 

Sec. 3. The Governor, and all officers, civil and mili- 
tary, now holding office under this State, whether by elec- 
tion or appointment, shall continue to hold, exercise and 
discharge the duties of their offices (unless inconsistent 
with, or otherwise provided in this Constitution) until 
they shall be superseded, under its provisions, and until 
their successors shall be duly qualified. 

Sec. 4. If at any election directed by this Constitution, 
any two or more candidates shall have the highest and an 
equal number of votes, a new election shall be ordered by 
the Governor, except in cases specially provided for by 
this Constitution. 

Sec. 5. In the trial of all criminal cases, the Jury shall 
be the Judges of Law, as well as of fact. 

Sec. 6. The right of trial by Jury of all issues of fact 
in civil proceedings in the several Courts of Law in this 
State, where the amount in controversy exceeds the sum 
of five dollars, shall be inviolably preserved. 

Sec. 7. All general elections in this State shall be held- 
on the Tuesday next after the first Monday in the month' 
of November, in the year in which they shall occur ; ami 
the first election of all officers, who, under this Constitu- 
tion, are required to be elected by the People, shall, ex- 
cept in cases herein specially provided for, be held on the 
Tuesday next alter the first Monday of ^November, in the 
year eighteen hundred and sixty-seven. 

Sec. 8. The Sheriffs of the several Counties of this 
State, and of the City of Baltimore, shall give notice of 



360 Appendix. 

the several elections authorized by this Constitution, in 
the manner prescribed by existing Laws for elections to 
be held in this State, until said Laws shall be changed. 

Sec. 9. The terra of office of all Judges and other offi- 
cers, for whose election provision is made by this Consti- 
tution, shall except in cases otherwise expressly provided 
herein, commence from the time of their election ; and 
all such officers shall qualify as soon after their election 
as practicable, and shall enter upon the duties of their 
respective offices immediately upon their qualification ; 
and the Term of office of the State Librarian and of the 
Commissioner of the Land Office shall commence from 
the time of their appointment. 

Sec. 10. Any officer elected or appointed in pursuance 
of the provisions of this Constitution, may qualify, either 
according to the existing provisions of Law, in relation to 
officers Under the present Constitution, or before the Gov- 
ernor of the State, or before any Clerk of any Court of 
Record in any part of the State ; but in case an officer 
shall qualify out of the County in which he resides, an 
official copy of his oath shall be filed and recorded in the 
Clerk's office of the Circuit Court of the County in which 
he may reside, or in the Clerk's office of the Superior 
Court of the City of Baltimore, if he shall reside therein. 



END OF THE CONSTITUTION. 



45 2- 90 



u o 



) 

■fcj 



%: *o/ /4te *-o< 

>. 4.0 nt 



'.« *•""*. V£S 7/ K^ 




^ 









* ^W/ /\ ■-^w** >* y ^ 'J 



*« . . * 







'<?, **.Ti« A 0- 



ft; "W jflfe': "o/ • 



•* ^ 



^°* ; 



























A. 



♦ - . - • 






?■ -* w/.A \tbk-" «^ \ 







* * 






;* v ^ 







W '»'* V SMfcx 



L* ■$■-, ft 



^ 










■o v t 







HECKMAN 

BINDERY INC. |S| 

^3CT90 



















